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　　In this 2008 book, legal scholars, philosophers, historians

and political scientists from Australia, Canada, New Zealand, the

United Kingdom and the United States analyze the common law through

three of its classic themes: rules, reasoning and

constitutionalism. Their essays, specially commissioned for this

volume, provide an opportunity for thinkers from different

jurisdictions and disciplines to talk to each other and to their

wider audience within and beyond the common law world. This book

allows scholars and students to consider how these themes and

concepts relate to one another. It will initiate and sustain a more

inclusive and well-informed theoretical discussion of the common

law's method, process and structure. It will be valuable to

lawyers, philosophers, political scientists and historians

interested in constitutional law, comparative law, judicial

process, legal theory, law and society, legal history, separation

of powers, democratic theory, political philosophy, the courts and

the relationship of the common law tradition to other legal systems

of the world.

Introduction Douglas E. Edlin

Part I. Common Law Rules: 1. Judges as rulemakers Larry Alexander

and Emily Sherwin

2. Some types of law John Gardner

Part II. Common Law Reasoning: 3. The principles of legal reasoning

in the common law Melvin A. Eisenberg

4. A similibus ad similia: analogical thinking in law Gerald J.

Postema

5. Reasoned decisions and legal theory David Dyzenhaus and Michael

Taggart

Part III. Common Law Constitutionalism: 6. Common law, natural law,

and the constitution James R. Stoner, Jr

7. Text, context, and constitution: the common law as public reason

T. R. S. Allan

8. The myth of the common law constitution Jeffrey Goldsworthy.

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书籍介绍

In this 2008 book, legal scholars, philosophers, historians and political scientists from Australia, Canada, New Zealand, the United Kingdom and the United States analyze the common law through three of its classic themes: rules, reasoning and constitutionalism. Their essays, specially commissioned for this volume, provide an opportunity for thinkers from different jurisdictions and disciplines to talk to each other and to their wider audience within and beyond the common law world. This book allows scholars and students to consider how these themes and concepts relate to one another. It will initiate and sustain a more inclusive and well-informed theoretical discussion of the common law's method, process and structure. It will be valuable to lawyers, philosophers, political scientists and historians interested in constitutional law, comparative law, judicial process, legal theory, law and society, legal history, separation of powers, democratic theory, political philosophy, the courts and the relationship of the common law tradition to other legal systems of the world.