A Common Law for the Age of Statutes

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Harvard University Press, Jun 30, 2009 - Law - 331 pages
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The dominance of legislatures and statutory law has put an impossible burden on the courts. Guido Calabresi thinks it is time for this country seriously to consider returning to a traditional American judicial-legislative balance in which courts would enlarge the common law and would also decide when a rule of law has seen its day and should be revised.

Table of Contents:

1. Choking on Statutes
2. The Flight to the Constitution and to Equal Protection Clauses
3. The Passive Virtues
4. Interpretation
5. The New Deal Response: Administrative Agencies
6. Legislative Responses
7. Structural Responses
8. A New Approach: Antecedents and Roots
9. The Doctrine: A Question of Legitimacy
10. The Doctrine: Limits and Guidelines
11. The Doctrine: Techniques and Feasibility
12. The Role of Courts in an Age of Statutes
13. The Dangers of the Doctrine
14. The Uses and Abuses of Subterfuge
15. The Choice for Candor

Notes
Works Cited
Table of Cases
Index



Reviews of this book:
This is a genuinely original and thoughtful book, one of the few in the jurisprudential genre that is both dearly written and devoid of cliché. It addresses current social and legal issues from an engagingly fresh, nonpolemical, and erudite perspective.
--American Bar Association Journal

Reviews of this book:
Calabresi has brought his ample juristic talents to bear on a foundational problem of the legal and democratic process...in its quality, timeliness and provocativeness [this book] is likely to stand alongside the seminal works of Ronald Dworkin and Grant Gilmore.
--Columbia Law Review
 

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Contents

I Choking on Statutes
1
II The Flight to the Constitution and to Equal Protection Clauses
8
III The Passive Virtues
16
IV Interpretation
31
Administrative Agencies
44
VI Legislative Responses
59
VII Structural Responses
69
Antecedents and Roots
81
Techniques and Feasibility
146
XII The Role of Courts in an Age of Statutes
163
XIII The Dangers of the Doctrine
167
XIV The Uses and Abuses of Subterfuge
172
XV The Choice for Candor
178
Notes
183
Works Cited
300
Table of Cases
310

A Question of Legitimacy
91
Limits and Guidelines
120

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