Statutory Law Era Common Law: World Legal Classics

Author: (French) Guido Calabresi, translated by Zhou Lin Gang et al.
Publisher:
Publishing Date: 2006-11-01
Features: The common law tradition has granted courts a significant role in the evolution of law, enabling them to develop a unique legal methodology. Comparative law research has already 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 arguments presented by the author in this book are particularly filled with tension: the author seeks to carve out a middle path between rejecting the romantic fantasy of returning to the "golden age" of common law and advocating 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, readers are well aware, and no further elaboration is needed.
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 incisive arguments. With his legal genius, the author addresses the fundamental issue of law and democratic procedures, while many of his viewpoints are timely, spark controversy, and drive the development of legal scholarship.