Copyright @ 2011 The Author.No abstract available

Jaffey, P

English

The view that the common law is a body of rules laid down by the courts is, for some
of its proponents, implicit in the nature of the law as a system of authoritative
guidance, but it has implications that are unattractive in principle and contrary to the
conventional understanding of legal reasoning in the common law. Dworkin’s theory
of interpretation as applied to the common law is not open to these objections, but its
critics object that it lacks a sound basis in a theory of authority. In this article, I
suggest an understanding of authority in the common law that explains the distinctive
features of common law legal reasoning and does not equate the common law with a
body of rules

Peter Jaffey (7715753)

Leicester Research Archive

Authority in the Common Law

Jaffey, Peter

PhilPapers

Brunel University Research Archive

Authority in the common law

http://bura.brunel.ac.uk/bitstream/2438/8417/2/Fulltext.pdf

Authority in the common law

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Leicester Research Archive

PhilPapers

Brunel University Research Archive