20 BOOKS ON COMMON LAW

1. INTELLECTUAL PRIVILEGE: COPY RIGHT, COMMON LAW, AND THE COMMON GOOD – TOM W. BELL

Two opposing viewpoints have driven the debate over copyright policy. One side questions copyright for the same reasons it questions all restraints on freedoms of expression, and dismisses copyright, like other forms of property, as a mere plaything of political forces. The opposing side regards copyrights as property rights that deserve—like rights in houses, cars, and other forms of property—the fullest protection of the law.

2. HANDBOOK OF COMMON LAW PLEADING – JOSEPH H. KOFFLER AND ALISON REPPY

This book will be of assistance to members of the bench, bar, and students of the law, in their professional and scholarly pursuits. In discussions of many of the topics, more has been included in the way of historical background and development than generally appears in previous comprehensive works on Common Law Pleading. Many of the topics have been more extensively treated than is generally the case in comprehensive works on Common Law Pleading. 

3. THE UNITY OF THE COMMON LAW STUDIES IN HEGELIAN JURISPRUDENCE - ALAN BRUDNER

Countering the influential view of Critical Legal Studies that law is an incoherent mixture of conflicting political ideologies, this book forges a new paradigm for understanding the common law as being unified and systematic. Alan Brudner applies Hegel's legal and moral philosophy to fashion a comprehensive synthesis of the common law of property, contract, tort, and crime.

4. PUNITIVE DAMAGES: COMMON LAW AND CIVIL LAW PERSPECTIVES – HELMUT KOZIOL AND VANESSA WILCOX

This book contains reports from selected jurisdictions that explicitly allow the award of punitive damages as well as from jurisdictions which purport (sometimes emphatically) to deny their existence (although a number covertly incorporate such damages into the framework of their tort systems). It benefits from an economic analysis of punitive damages, a report from a private international law perspective, one on their insurability and one on aggravated damages. 

5. JUDGES AND UNJUST LAWS: COMMON LAW CONSTITUTIONALISM AND THE FOUNDATIONS OF JUDICIAL REVIEW – DOUGLAS E.EDLIN

With keen insight into the common law mind, Edlin argues that there are rich resources within the law for judges to ground their opposition to morally outrageous laws, and a legal obligation on them to overturn it, consequent on the general common law obligation to develop the law. Thus, seriously unjust laws pose for common law judges a dilemma within the law, not just a moral challenge to the law, a conflict of obligations, not just a crisis of conscience.

6. INCOME TAX IN COMMON LAW JURISDICTIONS: FROM THE ORIGINS TO 1820 – PETER HARRIS

Harris focuses on four issues that are central to common law income taxes and which are of particular current relevance: the capital/revenue distinction, the taxation of corporations, taxation on both a source and residence basis, and the schedular approach to taxation. He uses an historical perspective to make observations about the future direction of income tax in the modern world.

7. THE SOVEREIGNTY OF LAW: FREEDOM, CONSTITUTION, AND COMMON LAW – T.R.S. ALLAN

In The Sovereignty of Law, Trevor Allan presents an accessible introduction to his influential common law constitutional theory - an account of the unwritten constitution as a complex articulation of legal and moral principles. The British constitution is conceived as a coherent set of fundamental principles of the rule of law, legislative supremacy, and separation of powers. These principles combine to provide an overarching unity of legality, legitimacy, and democracy, reconciling political authority with individual freedom.

8. A FIRST BOOK OF JURISPRUDENCE FOR STUDENTS OF THE COMMON LAW – PREDERICK POLLOCK

This book is not intended to lay out a general system of the philosophy of law, nor to give a classified view of the whole contents of any legal system, and it does not profess to compete with the many works which have aimed at one or both of those objects. It is addressed to readers who have laid the foundation of a liberal education and are beginning the special study of law. 

9. ARBITRATION AND CONTRACT LAW: COMMON LAW PERSPECTIVES – NEIL ANDREWS

This book deals with the contractual platform for arbitration and the application of contractual norms to the parties' dispute.

10. INSTITUTIONAL COMPETITION BETWEEN COMMON LAW AND CIVIL LAW: THEORY AND POLICY - MICHÈLE SCHMIEGELOW, HENRIK SCHMIEGELOW

This book addresses two countervailing challenges to theory and policy in law and economics. The first is the rise of legal origins theory, which denies the comparative law view of convergence between common law and civil law by the assertion of an economic superiority of common law. The second is the series of economic crises in the very financial markets on which that assertion was based. Both trends unsettled certainties about the rule of law and institutional economics.

11. STATUTORY AND COMMON LAW INTERPRETATION – KENT GREENAWALT

 In an analysis of various other features of statutory interpretation, the book claims that presidential signing statements should not have weight, that subsequent legislative actions short of new statutes should only occasionally carry importance, that "canons of interpretation," such as the rule of lenity, can provide some, limited, guidance, and that there are special reasons for courts to adhere to precedents in statutory cases, but these should not yield any absolute rule. A chapter on administrative interpretation of statutes claims that the standards agencies apply should differ to a degree from those of courts and that judicial deference to those interpretations is ordinarily warranted.

12. CRIMINAL EVIDENCE AND HUMAN RIGHTS: REIMAGINING COMMON LAW PROCEDURAL TRADITIONS - PAUL ROBERTS AND JILL HUNTER

Some essays focus on specific topics, such as evidence obtained by torture, the presumption of innocence, hearsay, the privilege against self-incrimination, and 'rape shield' laws. Others seek to draw more general lessons about the context of law reform, the epistemic demands of the right to a fair trial, the domestic impact of supra-national legal standards (especially the ECHR), and the scope for reimagining common law procedures through the medium of human rights.

13. ANTITRUST LAW: ECONOMIC THEORY & COMMON LAW EVOLUTION – KEITH N.HYLTON

This book consolidates several different perspectives on antitrust law. First, Keith Hylton presents a detailed description of the law as it has developed through numerous judicial opinions. Second, he presents detailed economic critiques of the judicial opinions, drawing heavily from law and economics journals. Third, he integrates a jurisprudential perspective that views antitrust as a vibrant field of common law. This last perspective leads him to address issues of certainty, stability, and predictability in antitrust law, and to examine the pressures shaping its evolution.

14. THE FORMATION OF THE ENGLISH COMMON LAW: LAW AND SOCIETY IN ENGLAND FROM KING ALFRED TO MAGNA CARTA – JOHN HUDSON

The Formation of English Common Law provides a comprehensive overview of the development of early English law, one of the classic subjects of medieval history. This much expanded second edition spans the centuries from King Alfred to Magna Carta, abandoning the traditional but restrictive break at the Norman Conquest. 

15. LAW & EQUITY: APPROACHES IN ROMAN LAW AND COMMON LAW - E. KOOPS (EDITOR), W.J. ZWALVE (EDITOR)

In Law & Equity: Approaches in Roman Law and Common Law, seven specialists explore the origins and consequences of this interaction. The history of equity and law is treated by Willem Zwalve, Paul Brand, David Ibbetson and Mike Macnair, while John Cartwright, Hendrik Verhagen, Frits Brandsma and Willem Zwalve offer a comparative legal history on issues of substantive law.

16. ROMAN LAW AND COMMON LAW: A COMPARISON IN OUTLINE - W. W. BUCKLAND, ARNOLD D. MCNAIR

It does not set out to be a comprehensive statement of Roman Law and Common Law comparatively treated, or a comparative study of legal methods. It is concerned rather with the fundamental rules and institutions of the two systems, and examines the independent approaches of the two peoples and their lawyers to the same facts of human life.

17. COMMON LAW, CIVIL LAW, AND COLONIAL LAW: ESSAYS IN COMPARATIVE LEGAL HISTORY FROM TWELFTH TO THE TWENTIETH CENTURIES – WILLIAM EVES, JOHN HUDSON, INGRID IVARSEN AND SARAH B. WHITE

These essays explore patterns in legal norms, processes, and practice across an exceptionally broad chronological and geographical range. Carefully selected to provide a network of inter-connections, they contribute to our better understanding of legal history by combining depth of analysis with historical contextualization. This title is also available as Open Access on Cambridge Core.

18. THE COMMON LAW (OLIVER WENDELL HOLMES.JR.)

The book goes on to discuss criminal law, torts, bails, possession and ownership, contracts, successions, and many other aspects of civil and criminal law.

19. THE COMMON LAW (PAULO J. S. PEREIRA & DIEGO M. BELTRAN)

The limits of such an undertaking as the present must neces- sarily be more or less arbitrary. Those to which I have confined myself have been fixed in part by the limits of the course for which the Lecgures were written. I have therefore not attempted to deal with Equity, and have even excluded those subjects like.

20. THE COMMON LAW OF COLONIAL AMERICA: VOLUME I: THE CHESAPEAKE AND NEW ENGLAND 1607-1660 - WILLIAM E. NELSON

Comprehensive, authoritative, and extensively researched, The Common Law in Colonial America, Volume 1: The Chesapeake and New England, 1607-1660 is the definitive resource on the beginnings of the common law and its evolution during this vibrant era in America's history. William E. Nelson here proposes a new beginning in the study of colonial legal history.

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