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Evolution and the Common Law Allan C. Hutchinson (York University, Toronto)

Evolution and the Common Law By Allan C. Hutchinson (York University, Toronto)

Evolution and the Common Law by Allan C. Hutchinson (York University, Toronto)


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Summary

This 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.

Evolution and the Common Law Summary

Evolution and the Common Law by Allan C. Hutchinson (York University, Toronto)

This 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.

Evolution and the Common Law Reviews

'...it does...provide for an interesting read which will be able to appeal, I think not only to Critical Legal studies enthusiasts but also to otherwise inclined legal scholars.' Social and Legal Studies

About Allan C. Hutchinson (York University, Toronto)

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.

Table of 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.

Additional information

NPB9780521849685
9780521849685
0521849683
Evolution and the Common Law by Allan C. Hutchinson (York University, Toronto)
New
Hardback
Cambridge University Press
2005-04-04
306
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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Customer Reviews - Evolution and the Common Law