Christianity and the Common Law

Western Philosophies of Law: the Common Law

Christianity and the Civil Law: Secularity, Privacy, and the Status of Objective Moral Norms

Americanization of the Common Law

Code Versus the Common Law

Lawrence Lessig called the most recent battle ‘‘Hollywood v. Silicon Valley,’’1 but one could just as well dub it ‘‘Code v. The Common Law.’’ The content industries’ latest efforts to re-calibrate the balance of copyright2 imply that the United States copyright system has reached a crisis that cannot be resolved under existing law. In particular, bills such as the Consumer Broadband & Digital T...

Constraint and Freedom in the Common Law

The purpose of this paper is to advance our formal understanding of the common law, especially the nature of the reasoning involved, but also its point, or justification. As so often in discussions of the modern common law, I will concentrate on the doctrine of precedent, according to which decisions by earlier courts constrain decisions by later courts, while still allowing these later courts ...