Chapter

The Common Law

Richard A. Posner

in Law and Legal Theory in England and America

Published in print January 1997 | ISBN: 9780198264712
Published online March 2012 | e-ISBN: 9780191682773 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198264712.003.0010

Series: Clarendon Law Lectures

The Common Law

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This lecture examines some modern English judicial opinions in the two major fields of law that appear to be most alike in England and America. These are torts and contracts, through glancing in passing at damages law in general and at the law of property. The lecture looks back to the discussion of positivism in the first chapter and also looks to the discussion of the legal culture at large in the third. The special concern is with the question to what extent the features of the opinions discussed can be referred to the greater penetration of law by economics or by a social scientific outlook generally, in America than in England. in closing, the chapter examines an interesting case of damages for securities fraud, looking at damages and remedies in general.

Keywords: torts; contracts; remedies; damages; economics

Chapter.  11638 words.  Illustrated.

Subjects: Comparative Law

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