Table of Contents

Introduction Douglas E. Edlin; Part I. Common Law Rules: 1. Judges as rulemakers Larry Alexander and Emily Sherwin; 2. Some types of law John Gardner; Part II. Common Law Reasoning: 3. The principles of legal reasoning in the common law Melvin A. Eisenberg; 4. A similibus ad similia: analogical thinking in law Gerald J. Postema; 5. Reasoned decisions and legal theory David Dyzenhaus and Michael Taggart; Part III. Common Law Constitutionalism: 6. Common law, natural law, and the constitution James R. Stoner, Jr; 7. Text, context, and constitution: the common law as public reason T. R. S. Allan; 8. The myth of the common law constitution Jeffrey Goldsworthy.

Promotional Information

In this book, an international team of scholars analyse the common law through three of its classic themes: rules, reasoning and constitutionalism.

About the Author

Douglas E. Edlin is assistant professor of political science at Dickinson College.

Reviews

"...uniformly well written, accessible, and intellectually stimulating essays... this volume provides an excellent snapshot of some of the complications surrounding present-day theorizing about the common law within and across cultures." -Ira L. Strauber, Grinnell College, Law and Politics Book Review