Common Sense Versus Common Law (Classic Reprint) - Softcover

Inhaltsangabe

Explore how the law touches everyday life—and why the system can be slow, costly, and hard to navigate. This unsophisticated view, written in 1850, argues for a law that is prompt, cheap, and sure, and it challenges many formal Rules that slow justice.

The book frames the law as a matter of general interest to all people. It examines how personal actions start with a writ, how notice is given, and why strict procedures can hinder ordinary lives. It also critiques topics from proof of notice to stamp duties and the modern treatment of wills, arguing for simpler, fairer procedures.

• How lawsuits begin with writs and the difficulty of serving defendants, delays, and rising costs.


• The burden of proof, presumptions, and the proposal to simplify service rules to speed justice.


• Critiques of stamp duties on contracts and the impact on ordinary people and small claims.


• Arguments about will formalities and how they can hinder testamentary wishes for ordinary estates.

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