Law BooksCommon Law Books

The Spirit of the Common Law

The Spirit of the Common Law

The Spirit of the Common Law

This book covers the following topics: The Feudal Element, Puritanism and the Law, The Courts and the Crown, The Rights of Englishmen and the Rights of Man, The Pioneers and the Law, The Philosophy of Law in the Nineteenth Century, Judicial Empiricism and Legal Reason.

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s238 Pages
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This PDF covers topics related to Common Law and is a article that provides the first comprehensive review of the common law on state-officer immunities around 1871. In particular, it canvasses the four nineteenth century treatises that the Supreme Court consults in assessing officer immunities under the common law of 1871: Cooley’s 1879 Law of Torts, Bishop’s 1889 Commentaries on Non-contract Law, Mechem’s 1890 Law of Public Offices and Officers, and Throop’s 1892 Law Relating to Public Officers. Not only do these treatises collect many overlooked state common law precedents, but they rely heavily on the Supreme Court’s own, often ignored, nineteenth-century decisions.

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The Spirit of the Common Law

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