The Nature of the Common Law

Much of our law is based on authoritative texts, such as constitutions and statutes. The common law, in contrast, is that part of the law which is established by the courts. Common law rules predominate in some areas of law, such as torts and contracts, and are extremely important in other areas, such as corporations. Nevertheless, it has been far from clear what principles courts use--or should use--in establishing common law rules. In this lucid and subtly argued book, Melvin Eisenberg develops a coherent set of such principles.