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Evolution and the Common Law

Evolution and the Common Law

Evolution and the Common Law

Author: Allan C. Hutchinson
Publisher: Cambridge University Press
ISBN: 9780521614917
Published In: May 2005
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book offers a radical challenge to all existing 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 fresh and 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.

Contents:: 1. Evolution and the common law: an introduction;
2. Darwin's excellent adventure: evolution and law;
3. The creationists' persistence: jurisprudence and God;
4. Taming the bulldog: the natural and pragmatic;
5. Tracking the common law: the routine and revolutionary;
6. Looking for Gadamer: traditions and transformations;
7. Reading between the lines: courts and constitutions;
8. Making changes: progress and politics;
9. Among the trees: a conclusion.

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