Evolution and the Common Law
Cambridge University Press, 2005. 4. 4.
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.
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accepted Accordingly adapt adjudication approach argument authority become believe better biological challenge circumstances claim commitments common law complex Consequently constitutional context continuing course courts critical Darwin Darwinian debate decision demands determine direction doctrine Dworkin dynamic effect efforts entirely environment evolution evolutionary existing explain fact follow force formal future Gadamer hermeneutical historical human ideas important insist interpretation judges judgment judicial jurisprudence jurisprudential jurists justice kind largely law's lawyers less limits living Lord maintain matter meaning method moral Moreover move natural objective offer operation organisms Origin particular past philosophical political possible practice pragmatic precedent present principles problem progress radical reason remains response result rhetorical rules scientific selection sense simply social society substantive suggest supra theory thing tion tradition transformation treat truth turn understanding universal values
85 페이지 - Created half to rise, and half to fall: Great lord of all things, yet a prey to all; Sole judge of truth, in endless error hurl'd; The glory jest, and riddle of the world!
285 페이지 - As buds give rise by growth to fresh buds, and these, if vigorous, branch out and overtop on all sides many a feebler branch, so by generation I believe it has been with the great Tree of Life, which fills with its dead and broken branches the crust of the earth, and covers the surface with its ever-branching and beautiful ramifications.
7 페이지 - It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation of the past.
285 페이지 - The green and budding twigs may represent existing species ; and those produced during former years may represent the long succession of extinct species. At each period of growth all the growing twigs have tried to branch out on all sides, and to overtop and kill the surrounding twigs and branches, in the same manner as species and groups of species...
34 페이지 - There is grandeur in this view of life, with its several powers, having been originally breathed by the Creator into a few forms or into one; and that, whilst this planet has gone cycling on according to the fixed law of gravity, from so simple a beginning endless forms most beautiful and most wonderful have been, and are being evolved.
285 페이지 - ... in a fossil state. As we here and there see a thin straggling branch springing from a fork low down in a tree, and which by some chance has...
201 페이지 - Its function is to provide a continuing framework for the legitimate exercise of governmental power and, when joined by a bill or a charter of rights, for the unremitting protection of individual rights and liberties.
90 페이지 - I want the working classes to understand that Science and her ways are great facts for them — that physical virtue is the base of all other, and that they are to be clean and temperate and all the rest — not because fellows *n black with white ties tell them so, but because these are plain and patent laws of nature, which they must obey under penalties...
21 페이지 - A bad earthquake at once destroys our oldest associations: the earth, the very emblem of solidity, has moved beneath our feet like a thin crust over a fluid; — one second of time^ has created in the mind a strange idea of insecurity, whi-.