The Common Law Tradition in America: A Personal Statement

Author: John V. Orth
Publisher: Routledge
ISBN: 9781041116219

Published In: November 2025
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Using a thematic approach to American law and legal history, The Common Law Tradition in America introduces readers to the scholars, judges, and critics who made the law at once a stable source of rules and a dynamic system capable of responding to social and economic changes.

Beginning with the common law “at home” in England on the eve of the American Revolution, the book introduces readers to the scholarly Sir William Blackstone, the activist judge Lord Mansfield, and the radical critic Jeremy Bentham. Having established the themes of tradition, innovation, and criticism, the book then examines the challenges that faced the common law in America: written constitutions, a new form of legal education, and the rapidly growing number of statutes. Finally, using selected examples, the book demonstrates the continuing influence of these themes in present American law.

As befits “a personal statement,” The Common Law Tradition in America is written in a relaxed style, enlivened with engaging anecdotes. It offers law students, researchers of legal history, practicing lawyers, and the general reader an overview of law and legal development, above the technicalities of law school and practice.

Part One: The Common Law at Home: The English Heritage

1. Sir William Blackstone and the Force of Tradition

2. Lord Mansfield and the Power of Innovation

3. Jeremy Bentham and the Challenge of Criticism

Part Two: The Common Law in America: New Challenges

4. The Common Law and the Constitutions

5. The Common Law and the Law Schools

6. The Common Law and the Statutes

Part Three: The Common Law in America: Theme & Variations

7. The Force of Tradition

8. The Power of Innovation

9. The Challenge of Criticism