By Stephen Waddams
Anglo-American inner most legislations has been a much more complicated phenomenon than has been often well-known. makes an attempt to minimize it to a unmarried explanatory precept, or to a accurately labeled or labeled map, scheme, or diagram, are prone to distort the previous by means of omitting or marginalizing fabric inconsistent with proposed rules or schemes. This examine could be of value to all who're drawn to estate, tort, agreement, unjust enrichment, felony reasoning, felony procedure, the historical past of the typical legislations, and the relation among criminal concept and felony background.
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Additional info for Dimensions of Private Law: Categories and Concepts in Anglo-American Legal Reasoning
Kennedy, ‘The Structure of Blackstone’s Commentaries’ (1979) 28 Buffalo Law Review 205 suggests a hidden conservative purpose. S. Milsom, Historical Foundations of the Common Law (London, 1969), p. xii, showing that Blackstone, by offering the ﬁrst description of ‘the system as a whole’, paved the way for Bentham to attack it. Blackstone, Commentaries, vol. III, pp. 157–8. J. J. Powell, An Essay upon the Law of Contracts and Agreements (London, 1790). See P. S. Atiyah, The Rise and Fall of Freedom of Contract (Oxford, 1979), p.
Sometimes stated as a distinction between ‘owning’ and ‘owing’, which is euphonious, but does not convey the meaning intended. C. Rotherham, Proprietary Remedies (Oxford, 2002), and see chapter 9 below. 90 Justice Benjamin Cardozo in The Nature of the Judicial Process (1921) also emphasized the scope for individual judgment: We like to picture to ourselves the ﬁeld of the law as accurately mapped and plotted. We draw our little lines, and they are hardly drawn before we blur them . . 91 A closely related question is the interaction between private law and public policy, a question complicated by varying meanings of the latter phrase.
42 Anson’s scheme, despite the very high repute of his book, and though carried through seventeen editions over ﬁfty years,43 attracted no following. Nor was any similar scheme adopted. 45 The general tendency of English lawyers at this time was to think in terms of two general categories only of personal obligation, namely contract and tort, and this tendency was assisted by comparisons with Roman law, by curricula of legal education, by a statutory provision on costs in county courts,46 and by the prevailing desire for clarity, predictability, and certainty in the law.