Apex Courts and the Common Law considers the influence of the courts at the apex of national legal systems on the development of the common law: how the institutional position of apex courts causes them to shape the common law and, conversely, how the traditions of the common law shape the way apex courts conceive of their role.
For centuries, courts across the common law world have developed systems of law by building bodies of judicial decisions. In deciding individual cases, common law courts settle litigation and move the law in new directions. By virtue of their place at the top of the judicial hierarchy, courts at the apex of common law systems are unique in that their decisions and, in particular, the language used in those decisions, resonate through the legal system.
Although both the common law and apex courts have been studied extensively, scholars have paid less attention to the relationship between the two. By analyzing apex courts and the common law from multiple angles, this book offers an entry point for scholars in disciplines related to law such as political science, history, and sociology who are seeking a deeper understanding and new insights as to how the common law applies to and is relevant within their own disciplines.
For centuries, courts across the common law world have developed systems of law by building bodies of judicial decisions. In deciding individual cases, common law courts settle litigation and move the law in new directions. By virtue of their place at the top of the judicial hierarchy, courts at the apex of common law systems are unique in that their decisions and, in particular, the language used in those decisions, resonate through the legal system.
Although both the common law and apex courts have been studied extensively, scholars have paid less attention to the relationship between the two. By analyzing apex courts and the common law from multiple angles, this book offers an entry point for scholars in disciplines related to law such as political science, history, and sociology who are seeking a deeper understanding and new insights as to how the common law applies to and is relevant within their own disciplines.
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