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English law has long served as a model for other Commonwealth jurisdictions with common law systems. Using a wealth of incisive articles, Michael Arnheim compares the system in England with comparable systems in other countries. Tackling issues of precedent, the definition of justice, and the limits of law, Arnheim illuminates the clash which occurs when an old system is forced to confront modern issues.

Tabla de contenidos provista por Syndetics

• Common law and statute law
• Towards principles of overruling - when should a final court of appeal second guess?
• Judicial obligation, precedent and the common law
• The British grundnorm: Parliamentary supremacy re-examined
• The courts and Parliament: who and whom?
• Parliamentary sovereignty: Lord Denning's dexterous revolution
• Coherence, hypothetical cases and precedent
• Constrained by precedent
• The Horowitz thesis and common law discourse in England
• The common law process and the selection of efficient rules
• Why is the common law efficient?
• Precedent
• Is the common law law? (review of Melvin Eisenberg's The Nature of Common Law)
• The ratio decidendi of a case
• The ratio decidendi of a case
• Blacksone v Bentham
• 2 nodes of legal thought
• Reason in the development of the common law
• Legal principles and the limits of the law
• Name index

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