On Common Laws

Paperback | June 30, 2007

byH. Patrick Glenn

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The concept of common law has been one of the most important conceptual instruments of the western legal tradition, but it has been neglected by legal theory and legal history for the last two centuries. There were many common laws in Europe, including what is known in English as the commonlaw, yet they have never previously been studied as a general phenomenon. Until the nineteenth century, the common laws of Europe lived in constant interaction with the particular laws which prevailed in their territories, and with one another. Common law was the main instrument of conciliation of laws which were drawn from different sources, though applicable on a given territory. Claims of universality could be, and were, reconciled with claims of particularity. Nineteenth and twentieth century legal theory taught that law was theexclusive product of the state, yet common laws continued to function on a world-wide basis throughout the entire period of legal nationalism. As national legal exclusivity is increasingly challenged by the process of globalization, the concept of common law can be looked to once again as a means ofconceptualisation and justification of law beyond the state, while still supporting state and other local forms of normativity.

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The concept of common law has been one of the most important conceptual instruments of the western legal tradition, but it has been neglected by legal theory and legal history for the last two centuries. There were many common laws in Europe, including what is known in English as the commonlaw, yet they have never previously been studi...

H. Patrick Glenn is the Peter M. Laing Professor of Law, McGill University and a former Director of McGill's Institute of Comparative Law. He is a Member of the International Academy of Comparative Law and a Fellow of the Royal Society of Canada. He has been a Bora Laskin Fellow in Human Rights Research, a Killam Research Fellow, an...

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Format:PaperbackDimensions:176 pages, 9.21 × 6.14 × 0.55 inPublished:June 30, 2007Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199227659

ISBN - 13:9780199227655

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Table of Contents

Preface1. The Common Laws of Europe2. The Common Laws of the World3. On the Relations of Common LawsSome Concluding Remarks