The Privilege of Idleness: A Case Study of Capitalism and the Common Law in Nineteenth Century America

1992 ◽  
Vol 36 (3) ◽  
pp. 237 ◽  
Author(s):  
Louis E. Wolcher
Keyword(s):  
Nineteenth Century ◽  
Common Law ◽  
Nineteenth Century America ◽  
The Common

scholarly journals Where There’s At-Will, There Are Many Ways: Redressing the Increasing Incoherence of Employment at Will

2005 ◽  
Vol 67 (2) ◽  
Author(s):  
Scott A. Moss
Keyword(s):  
Free Market ◽  
Common Law ◽  
State Courts ◽  
Free Enterprise ◽  
Employment At Will ◽  
Legal Remedy ◽  
The Will ◽  
The Common ◽  
At Will

Employment at will, the doctrine holding that employees have no legal remedy for unfair terminations because they hold their jobs at the will of the employer, has become mired in incoherence. State courts praise the common law rule as “essential to free enterprise” and “central to the free market,” but in recent years they increasingly have riddled the rule with exceptions, allowing employee claims for whistleblowing, fraud, etc. Yet states have neither rejected employment at will nor shown any consistency in recognizing exceptions. Strikingly, states cite the same rationales to adopt and reject opposite exceptions, as a case study of two states illustrates: One state accepts exception X to protect employees while rejecting exception Y to maintain employment at will; yet on the same rationales, the other accepts exception Y while rejecting X.

Law Making

2019 ◽  
pp. 206-238
Author(s):  
John Baker
Keyword(s):  
Nineteenth Century ◽  
Common Law ◽  
Case Law ◽  
Symbiotic Relationship ◽  
Legal Change ◽  
Inns Of Court ◽  
History Of ◽  
The Common ◽  
Common Learning ◽  
Law Making

This chapter examines the history of case-law, legislation, and equity, with particular reference to legal change. The common law was evidenced by judicial precedent, but single decisions were not binding until the nineteenth century. It was also rooted in professional understanding, the ‘common learning’ acquired in the inns of court. It was based on ‘reason’, operating within a rigid procedural framework. Legal change could be effected by fictions, equity, and legislation, but (except during the Interregnum) there was little systematic reform before the nineteenth century. Legislation was external to the common law, but it had to be interpreted by common-law judges and so there was a symbiotic relationship between statute-law and case-law. Codification has sometimes been proposed, but with limited effect.

The Authority of the Administration

2020 ◽  
pp. 45-66
Author(s):  
Janet McLean
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Seventeenth Century ◽  
Common Law ◽  
Radical Change ◽  
Public Trust ◽  
Administrative Law ◽  
Legitimate Authority ◽  
The Common ◽  
Theoretical Foundations

The authority claims of the administration have undergone radical change with consequences for the shape and content of administrative law. In the seventeenth century, authority was claimed in office, as a means to limit the imposition of the King’s will and to secure the independence of officials, especially the judges. In the eighteenth century, virtue, property, and independence became the basis for office, and the common law sought to enhance such authority through notions of public trust. After the nineteenth-century transition to more centralised and bureaucratic hierarchy, democracy became the new source of authority for the administration, reinforced by the ultra vires doctrine. In each era, the authority claims of the administration have been reflected in the frameworks for judicial supervision. In this way the common law has simultaneously constituted and controlled authority. In the present day we are in the process of rethinking whence administrators derive their legitimate authority and the theoretical foundations of judicial review. Beginning with the authority claims of the administration and framing a juridical response which reflects and tests such claims would be a good place to start.

scholarly journals Participating is more important than winning: the impact of socio-economic change on commoners' participation in eighteenth- and nineteenth-century Flanders

2010 ◽  
Vol 25 (3) ◽  
pp. 405-433 ◽  
Author(s):  
TINE DE MOOR
Keyword(s):  
Nineteenth Century ◽  
Resource Use ◽  
The Other ◽  
Willingness To Participate ◽  
Registration System ◽  
Regulatory Documents ◽  
The Common ◽  
The One ◽  
The Impact

ABSTRACTIn this article the participation profile of commoners of a Flemish case-study is reconstructed in order to identify their individual motivations for using the common, in some cases even becoming a manager of that common, in some cases only just claiming membership. Nominative linkages between membership lists, book-keeping accounts and regulatory documents of the common on the one hand and censuses and marriage acts on the other allow us to explain the behaviour of the commoners. It becomes clear why some decisions were taken – for example, to dissolve a well-functioning cattle-registration system – and how these affected the resource use of the common during the eighteenth and early nineteenth centuries. The analysis explains how internal shifts in power balances amongst groups of active users and those who did not have the means or willingness to participate could jeopardize the internal cohesion of the commoners as a group.

The Common Law Zone in Panama: A Case Study in Reception

1978 ◽  
Vol 83 (1) ◽  
pp. 307
Author(s):  
Sheldon B. Liss ◽  
Wayne D. Bray
Keyword(s):  
Common Law ◽  
The Common
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