On Common Laws

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H. Patrick Glenn (Peter M. Laing Professor of Law, Faculty of Law, McGill University)

On Common Laws

H. Patrick Glenn (Peter M. Laing Professor of Law, Faculty of Law, McGill University)

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English

Oxford University Press
31 May 2007

Law; Common law; Comparative law; Legal history; Laws of Specific jurisdictions

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 common law, 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 the exclusive 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 of conceptualisation and justification of law beyond the state, while still supporting state and other local forms of normativity.

By: H. Patrick Glenn (Peter M. Laing Professor of Law Faculty of Law McGill University)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm, Spine: 14mm
Weight: 269g
ISBN: 9780199227655
ISBN 10: 0199227659
Pages: 176
Publication Date: 31 May 2007
Audience: Professional and scholarly , Professional and scholarly , Professional & Vocational , Undergraduate , Further / Higher Education
Format: Paperback
Publisher's Status: Active

Preface 1: The Common Laws of Europe 2: The Common Laws of the World 3: On the Relations of Common Laws Some Concluding Remarks