Statutory Law Era Common Law

Author: Guido Calabresi (USA)
Publisher:
Publish Date: 2006-11-01
Features: The common law tradition has endowed courts with a status that plays an extremely important role in the evolution of law, and in the process, courts have also developed a unique legal methodology. Comparative law research has revealed the underlying reasons and circumstances, which need no elaboration here. Meanwhile, the democratic process and the expansion of parliamentary legislation have long made the traditional status and legal methodology of courts subjects of discussion and scrutiny. The theoretical claims proposed by the author in this book are particularly full of tension: the author seeks to carve out a middle path between two extremes—opposing both the romantic fantasy of returning to the "golden age" of common law and fundamental structural reforms to the system. As for how the author defends the legitimacy of the court's "power above statutes" and defines and limits this power, the readers are well aware, and no further elaboration is needed here.
The American author Guido Calabresi, with years of legal research experience, elaborates on the relationship between legislation and statutes in the book, offering profound insights and keen observations. With his legal genius, the author addresses the fundamental issue of law and democratic procedures. Moreover, many of the author's viewpoints strike at the core of contemporary issues, spark controversy, and drive the development of legal scholarship.