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Journal articles on the topic 'Common law'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 July 2025

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1

Goodrich, Peter. "Eating law: Commons, common land, common law." Journal of Legal History 12, no. 3 (1991): 246–67. http://dx.doi.org/10.1080/01440369108531041.

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2

De Maria, William. "Common law – common mistakes?" International Journal of Public Sector Management 19, no. 7 (2006): 643–58. http://dx.doi.org/10.1108/09513550610704671.

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3

Glenn, H. Patrick. "Common Law." McGill Law Journal 66, no. 1 (2020): 19. http://dx.doi.org/10.7202/1082032ar.

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4

LOBBAN, MICHAEL. "Common Law and Common Sense." Ratio Juris 21, no. 4 (2008): 541–46. http://dx.doi.org/10.1111/j.1467-9337.2008.00406.x.

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5

Šite, Damir. "Common Law legal norm." Strani pravni zivot, no. 1 (2021): 15–29. http://dx.doi.org/10.5937/spz65-26843.

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In this paper the author attempts to define the otherness of common law legal norm in relation to that of a civilian one, through the analysis of differences identified in their formation and language. The first part deals with similarities and discrepancies in the process of creating a legal norm within two major legal families, examining the operational particularities of the two fundamentally different norm-creators. In this respect, the paper presents essential dissimilarities between the activities of a parliament as a legislator, opposed to an Anglo-American court as a creator of a bindi

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6

Yip, Man, and Yihan Goh. "Convergence between Australian common law and English common law." Common Law World Review 46, no. 1 (2017): 61–68. http://dx.doi.org/10.1177/1473779516682445.

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7

Ibbetson, D. J. "Natural Law and Common Law." Edinburgh Law Review 5, no. 1 (2001): 4–20. http://dx.doi.org/10.3366/elr.2001.5.1.4.

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If you scan through the law reports ofthe last century or so, you will come across a sprinkling of references to Natural Law, commonly in conjunction with some such phrase as “manifest nonsense”.1 Introductory books dealing with the sources of law hardly place it in the forefront of their treatment, to say the least; and anyone writing a practitioners' manual on some practically useful area of law who began with a chapter on Natural Law would be thought to have taken leave of his senses. Go back two or three hundred years or so and the picture looks very different. References to the law of nat

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8

Schauer, Frederick, and Melvin A. Eisenberg. "Is the Common Law Law?" California Law Review 77, no. 2 (1989): 455. http://dx.doi.org/10.2307/3480610.

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9

Sheridan, Benjamin. "A Common Law Perspective on Space Law Methodology." Space Court Foundation Student Space Law Journal 1, no. 1 (2025): 11–16. https://doi.org/10.5281/zenodo.15487980.

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Common law is more than just the legal system that pervades much of the English-speaking world. It is a unique method of forming and applying law. Increasingly, the development of space law is shifting towards a civil law approach. Such a tendency has the dangerous potential to stifle the development of high-quality space law. This paper presents a common law perspective on the development of space law. In the first part, it demonstrates the civil law orthodoxy that exists in space law. In the second part, it sets out the distinctive structural features of the common law and demonstrates how t

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10

Bradley, D. "Comparative Law, Family Law and Common Law." Oxford Journal of Legal Studies 23, no. 1 (2003): 127–46. http://dx.doi.org/10.1093/ojls/23.1.127.

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11

Beatson, J. "Common Law, Statute Law, and Constitutional Law." Statute Law Review 27, no. 1 (2006): 1–14. http://dx.doi.org/10.1093/slr/hmi021.

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12

Mulligan, Deirdre, and Dame Cicely Saunders. "Common Law Correction." Hastings Center Report 26, no. 3 (1996): 2. http://dx.doi.org/10.2307/3527920.

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13

Fordham, Michael. "Common Law Rights." Judicial Review 16, no. 1 (2011): 14–21. http://dx.doi.org/10.5235/108546811795316582.

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14

Arras, John D., Albert R. Jonsen, and Stephen Toulmin. "Common Law Morality." Hastings Center Report 20, no. 4 (1990): 35. http://dx.doi.org/10.2307/3562766.

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15

Fordham, Michael. "Common Law Proportionality." Judicial Review 7, no. 2 (2002): 110–23. http://dx.doi.org/10.1080/10854681.2002.11427214.

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16

Razook, Nim. "Obeying Common Law." American Business Law Journal 46, no. 1 (2009): 55–101. http://dx.doi.org/10.1111/j.1744-1714.2009.01072.x.

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17

Meyler, Bernadette. "Common Law Confrontations." Law and History Review 37, no. 03 (2019): 763–86. http://dx.doi.org/10.1017/s0738248019000385.

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This symposium essay contends that the image of the common law drawn by the Supreme Court in the Confrontation Clause context is both distorted and incomplete. In particular, the Court and scholars defending originalist positions rely almost entirely on English sources in their reconstruction of the common law basis for the Confrontation Clause, thereby neglecting the diversity of American common laws from the time of the Founding, a diversity that has already been unearthed by a number of legal historians. By drawing on hitherto untapped sources to furnish a bottom-up reconstruction of how te

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18

Lucas, Peter. "Common Law Marriage." Cambridge Law Journal 49, no. 1 (1990): 117–34. http://dx.doi.org/10.1017/s0008197300106920.

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The expression “common law marriage” has layers of paradox. It now denotes, as Mr. J. C. Hall pointed out in a recent article in this Journal, a relationship whose characteristic is precisely that it is extra-marital. Previously, for many centuries, the validity of such a marriage was a matter not for the common but the canon law and so, before the Reformation, for the canon law of Rome, the ius commune, Maitland's “wonderful system” administered by the courts Christian and directly applicable throughout western Christendom. The story of the common law marriage in England, Scotland and Ireland

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19

Hall, J. C. "Common Law Marriage." Cambridge Law Journal 46, no. 1 (1987): 106–21. http://dx.doi.org/10.1017/s0008197300113637.

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To re-open problems of the past and to rake up arguments long since laid to rest may seem a singularly pointless exercise for a family lawyer of the late twentieth century. Yet the controversy which raged in the 1840s over the requirements for common law marriage was never satisfactorily resolved; and even today the question could still arise and an authoritative answer be required.

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20

Boonzaier, Leo. "Common-law avoidance." South African Law Journal 141, no. 2 (2024): 213–56. http://dx.doi.org/10.47348/salj/v141/i2a1.

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This article discusses an important trend in recent judgments of our appellate courts, which I call ‘common-law avoidance’. Rather than applying established sets of common-law principles, the courts have chosen to substitute them with other sets of norms of their own invention, usually sourced in the Constitution. This marks a departure from the status quo ante, in which it was accepted that the impact of the Constitution on private-law disputes was to be felt through the common law, rather than by displacing it. I discuss three cases that evidence this new pattern, spanning the three branches

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21

Laikwan, Pang. "Decolonizing Common Law." Social Text 43, no. 2 (2025): 17–44. https://doi.org/10.1215/01642472-11670005.

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Abstract A recent judgment of the Privy Council on a relatively minor incitement charge in Trinidad and Tobago surprisingly impacts a decisive seditious trial in Hong Kong — both places were former colonies of the British Crown and have adopted common law. While common law is a colonial heritage in both places, it also proves to be capable of providing some protection to dissident subjects in their postcolonial times, particularly in Hong Kong, where the National Security Law recently enacted by the PRC now reigns supreme. The international history of common law was largely a sprawling attempt

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22

Woodman, Gordon R. "Customary Law in Common Law Systems." IDS Bulletin 32, no. 1 (2001): 28–34. http://dx.doi.org/10.1111/j.1759-5436.2001.mp32001004.x.

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23

Strauss, David A. "Common Law, Common Ground, and Jefferson's Principle." Yale Law Journal 112, no. 7 (2003): 1717. http://dx.doi.org/10.2307/3657499.

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24

Singh, Mahendra P. "German Administrative Law in Common Law Perspective." Verfassung in Recht und Übersee 19, no. 4 (1986): 491–92. http://dx.doi.org/10.5771/0506-7286-1986-4-491.

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25

Steele, Iain. "PUBLIC LAW LIABILITY—A COMMON LAW SOLUTION?" Cambridge Law Journal 64, no. 3 (2005): 543–46. http://dx.doi.org/10.1017/s0008197305286956.

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26

Nnona, Chukwuemeka George. "Customary Corporate Law in Common Law Africa." American Journal of Comparative Law 66, no. 3 (2018): 639–68. http://dx.doi.org/10.1093/ajcl/avy032.

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27

Rymarchuk, R. M. "THE COMMON LAW AND CIVIL LAW TRADITIONS." Juridical scientific and electronic journal, no. 3 (2023): 191–93. http://dx.doi.org/10.32782/2524-0374/2023-3/43.

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28

Fox-Decent, Evan. "Democratizing Common Law Constitutionalism." McGill Law Journal 55, no. 3 (2011): 511–35. http://dx.doi.org/10.7202/1000622ar.

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Common law constitutionalism is the theory that legal principles such as fairness and equality reside within the common law, are constitutive of legality, and inform (or should inform) statutory interpretation on judicial review. This article looks to Justice Rand’s judgment in Roncarelli v. Duplessis to develop a democratic and relational conception of common law constitutionalism. By “democratic” the author means a version of the theory that governs judicial review but which is available to frontline decision makers independently of the history and contemporary practice of review. By “relati

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29

Strauss, David A. "Common Law Constitutional Interpretation." University of Chicago Law Review 63, no. 3 (1996): 877. http://dx.doi.org/10.2307/1600246.

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30

Phillips, Jim, and Kent McNeil. "Common Law Aboriginal Title." University of Toronto Law Journal 41, no. 2 (1991): 287. http://dx.doi.org/10.2307/825848.

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31

Legrand, P. "Pour le common law." Revue internationale de droit comparé 44, no. 4 (1992): 941–47. http://dx.doi.org/10.3406/ridc.1992.4577.

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32

LUCY, WILLIAM N. R. "Rethinking the Common Law." Oxford Journal of Legal Studies 14, no. 4 (1994): 539–64. http://dx.doi.org/10.1093/ojls/14.4.539.

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33

Michael, James. "Information and Common Law." Records Management Journal 3, no. 3 (1991): 78–81. http://dx.doi.org/10.1108/eb027062.

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34

Olley, Kate. "Proportionality at Common Law." Judicial Review 9, no. 3 (2004): 197–201. http://dx.doi.org/10.1080/10854681.2004.11427313.

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35

Poole, Thomas. "Questioning common law constitutionalism." Legal Studies 25, no. 1 (2005): 142–63. http://dx.doi.org/10.1111/j.1748-121x.2005.tb00274.x.

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This article takes a critical look at common law constitutionalism, a theory which has received much support in public law circles of late. The first part of the article elaborates the common law constitutionalist position. The second part of the article assesses the cogency of the theory in terms of its ability to accommodate certain paradigmatic features of judicial review. The article concludes with the suggestion that public lawyers, in their forays into theory, might do better to look to the special role that judicial review plays in assessing the legitimacy of governmental action rather

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36

Leslie, Justin. "Vindicating common law constitutionalism." Legal Studies 30, no. 2 (2010): 301–23. http://dx.doi.org/10.1111/j.1748-121x.2010.00157.x.

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This paper questions Thomas Poole's assertion that judicial review is not ‘value orientated’ (see (2005) 25(1) Legal Studies 146). In doing so, the paper seeks to demonstrate that the account of judicial review given by common law constitutionalist writers provides an accurate description of the approach taken by the courts in the last 10 years. The paper first considers Poole's objections to common law constitutionalism. It then proceeds to assess the writings of those relied upon by Poole against the case-law of the last decade. This is done by reference to three ‘themes’– the basis of judic

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37

Janis, Mark W. "The Common Law Tradition." Proceedings of the ASIL Annual Meeting 83 (1989): 547–50. http://dx.doi.org/10.1017/s027250370007676x.

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38

DiMatteo, Larry A. "Common European Sales Law." Journal of International Trade Law and Policy 11, no. 3 (2012): 222–40. http://dx.doi.org/10.1108/14770021211267342.

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39

Robinson, Tracy. "A Caribbean common law." Race & Class 49, no. 2 (2007): 118–24. http://dx.doi.org/10.1177/03063968070490020608.

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40

Mayeda, Graham. "Uncommonly Common: The Nature of Common Law Judgment." Canadian Journal of Law & Jurisprudence 19, no. 1 (2006): 107–31. http://dx.doi.org/10.1017/s0841820900005610.

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What is the difference between “judge-made law” and the laws created by an elected assembly? The purpose of this paper is to investigate this question by addressing the differences and similarities between common law judgment and political judgment. I contend that there is something distinctive about common law judgment. This distinctive nature is the result of the different ground of validity of legal and political decisions. Legal judgment has a distinct ground of validity. This validity derives from two aspects of common law judgment: the impartiality of the decision-maker and the critical

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41

Phang, Andrew B. L. "Common mistake in English law: the proposed merger of common law and equity." Legal Studies 9, no. 3 (1989): 291–306. http://dx.doi.org/10.1111/j.1748-121x.1989.tb00652.x.

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Although the law relating to common mistake has engendered a plethora of conundrums, many problem areas have in fact been well-traversed in the literature. The present article does not seek to re-cover such welltrodden ground, but attempts, instead, to suggest a different and more systematic approach that would effect a merger of the common law and equitable branches of common mistake into one coherent, doctrine.

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42

Basedow, Jürgen. "A COMMON CONTRACT LAW FOR THE COMMON MARKET." Common Market Law Review 33, Issue 6 (1996): 1169–95. http://dx.doi.org/10.54648/124866.

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43

Masud, Muhammad Khalid. "‘Urf’ And Custom In Common Law And Islamic Law: Common Law Marriage, Zawag Orfi And Zawaj Misyar." NAVEIÑ REET: Nordic Journal of Law and Social Research, no. 1 (December 1, 2015): 4–28. http://dx.doi.org/10.7146/nnjlsr.v0i1.111130.

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44

Pree, Helmuth. "Schadenersatz: Common Law und Civil Law Im Vergleich." Archiv für katholisches Kirchenrecht 182, no. 2 (2013): 353–85. http://dx.doi.org/10.30965/2589045x-18202002.

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45

Riley, Joellen. "Teaching Labour Law in a Common Law Jurisdiction." International Journal of Comparative Labour Law and Industrial Relations 28, Issue 1 (2012): 71–79. http://dx.doi.org/10.54648/ijcl2012006.

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Frequent changes in domestic labour legislation and policy and the pressures of globalization have created particular challenges for the teaching of the discipline of labour law. These challenges also present opportunities for refreshment of the labour law curriculum to inject a deeper appreciation of the fundamental principles underpinning the regulation of work and to introduce topics of relevance to the twenty-first century student. This paper reflects on those challenges and opportunities from an antipodean perspective.

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46

Angelo, A. H., and Ashleigh Allan. "Common Law Equity in a Civil Law Country." Victoria University of Wellington Law Review 44, no. 3/4 (2013): 427. http://dx.doi.org/10.26686/vuwlr.v44i3/4.4992.

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This article serves to introduce an aspect of current research related to the review of the Seychelles Civil Code and the important question of the role of trusts. The Civil Code is based on the Code Napoléon and has therefore no provision for the trust of English law. The Courts of Seychelles have, however, a statutory equitable jurisdiction. That jurisdiction has given rise to the question whether the trust of England may be able to operate in Seychelles. The prime area of discussion of this possibility has been in relation to the property rights of the parties to a failed concubinage relati

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47

Pree, Helmuth. "SCHADENERSATZ: COMMON LAW UND CIVIL LAW IM VERGLEICH." ARCHIV FÜR KATHOLISCHES KIRCHENRECHT 182, no. 2 (2013): 353–85. http://dx.doi.org/10.1163/2589045x-182-02-90000002.

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48

Fleiner, Thomas. "Discrepancies between Civil Law and Common Law Federations." Max Planck Yearbook of United Nations Law Online 19, no. 1 (2016): 368–418. http://dx.doi.org/10.1163/18757413-00190014.

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Over the last decade, missions of the UN have assisted with constitutional reforms including issues of federalism. The hopes for peace with regard to federal structures have often failed. This paper elaborates possible reasons why these hopes were disappointed. It will show that one should understand the differences between Common Law and continental systems with regard to federalism. Some experts from Common Law countries fail to appreciate the substantial difference between federal Constitutions embedded in a Civil Law culture and those embedded in a Common Law culture. The reasons for the s

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49

Kistenkas, Frederik H. "COMPARATIVE LIBEL LAW: TOWARDS A CONTINENTAL COMMON LAW?" Tilburg Law Review 7, no. 1 (1998): 17–26. http://dx.doi.org/10.1163/221125998x00038.

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50

Sturgeon, Roy L. "When Chinese Socialist Law Marries Western Common Law." Chinese Journal of Comparative Law 5, no. 1 (2017): 226–30. http://dx.doi.org/10.1093/cjcl/cxx009.

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