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A Continental Distinction in the Common Law: A Historical and Comparative Perspective on English Public Law

J.W.F. Allison

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298656
eISBN:
9780191710735
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298656.001.0001
Subject:
Law, Comparative Law, Legal History

The development of an autonomous English public law has been accompanied by persistent problems — a lack of systematic principles, dissatisfaction with judicial review procedure, and uncertainty ... More


A Method for Transplants

J. W. F. Allison

in A Continental Distinction in the Common Law: A Historical and Comparative Perspective on English Public Law

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298656
eISBN:
9780191710735
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298656.003.0002
Subject:
Law, Comparative Law, Legal History

The traditional insignificance of the distinction between public and private law in England is particularly evident in the intertwined history of public and private law liability, and the ... More


James C. Carter’s Natural Law Theory of Custom

James Bernard Murphy

in The Philosophy of Customary Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199370627
eISBN:
9780199370641
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199370627.003.0004
Subject:
Law, Philosophy of Law

Carter is the chief American representative of the historical school of jurisprudence. Carter pioneers an anthropological and sociological approach to law, by arguing that men are ruled in fact by ... More


Pro-slavery Jurisprudence: Thomas Reade Roots Cobb’s An Inquiry into the Law of Negro Slavery

Alfred L. Brophy

in University, Court, and Slave: Proslavery Academic Thought and Southern Jurisprudence, 1831–1861

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199964239
eISBN:
9780190625931
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199964239.003.0011
Subject:
History, American History: 19th Century, Political History

Thomas R. R. Cobb, a Georgia lawyer and law professor, published his proslavery legal treatise in 1858. Cobb’s book surveyed slavery in human society from the ancient world to the modern West Indies ... More


Substitutes for Natural Law

Stuart Banner

in The Decline of Natural Law: How American Lawyers Once Used Natural Law and Why They Stopped

Published in print:
2021
Published Online:
April 2021
ISBN:
9780197556498
eISBN:
9780197556528
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197556498.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter offers a fresh perspective on some familiar aspects of the legal thought of the late 19th and early 20th centuries, by connecting them to the decline of natural law. Much of what we now ... More


Introduction

Alfred L. Brophy

in University, Court, and Slave: Proslavery Academic Thought and Southern Jurisprudence, 1831–1861

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199964239
eISBN:
9780190625931
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199964239.003.0001
Subject:
History, American History: 19th Century, Political History

Beginning with Nathan Beverley Tucker, a professor at William and Mary, this chapter introduces the key themes of the book: that southern academics developed lengthy defenses of slavery based on ... More


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