Evolution and the Common Law
By (author) Allan C. Hutchinson
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Evolution and the Common Law by Allan C. Hutchinson
Book DescriptionThis book offers a radical challenge to accounts of the common law's development. Contrary to received jurisprudential wisdom, it maintains there is no grand theory which will explain satisfactorily the dynamic interactions of change and stability in the common law's history. Offering original readings of Charles Darwin's and Hans-Georg Gadamer's works, the book shows that law is a rhetorical activity that can only be properly appreciated in its historical and political context; tradition and transformation are locked in a mutually reinforcing but thoroughly contingent embrace. In contrast to the dewy-eyed offerings of much contemporary work, it demonstrates that, like life, law is an organic process (i.e., events are the products of functional and localized causes) rather than a miraculous one (i.e., events are the result of some grand plan or intervention). In short, common law is a perpetual work-in-progress - evanescent, dynamic, messy, productive, tantalising, and bottom-up.
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Book DetailsISBN: 9780521849685
(234mm x 156mm x 19mm)
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Publish Date: 4-Apr-2005
Country of Publication: United Kingdom
Books By Author Allan C. Hutchinson
Toward an Informal Account of Legal Interpretation, Hardback (October 2016)
The book challenges all formalist accounts of legal interpretation and offers an 'informal' alternative.
Is Killing People Right?, Paperback (April 2016)
This book examines how the common law works through profiles of eight great cases.
Fighting Fair, Hardback (July 2015)
This book draws an extended analogy with military theory to propose a new model for legal ethics.
Laughing at the Gods, Paperback (January 2012)» View all books by Allan C. Hutchinson
This book showcases eight judges that exemplify judicial greatness and looks at what role they play in law and society.
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Author Biography - Allan C. Hutchinson
Allan C. Hutchinson is Professor and Associate Dean at Osgoode Hall Law School in York University. He has published on a variety of subjects including civil litigation, constitutional law, torts, jurisprudence, evidence, legal profession, and legal ethics. He was elected a Fellow of the Royal Society of Canada and awarded Osgoode Hall's inaugural Excellence in Teaching Award.
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