CAPPALLI, THE AMERICAN COMMON LAW METHOD
In a series of articles, he argued that constitutional interpretation emulating the common law method
(hereinafter "common law constitutional interpretation" or "CLCI") is superior to originalism, both normatively and as a description of what the Court, in fact, does in most cases.
The common law method
existed for centuries, indeed since time immemorial as the theory went; but in the nineteenth century it came under attack and was largely superseded as the appropriate legal method by the end of that century.
Courts--unelected as well as elected ones--were given the power, using the common law method
, to construe the common law, to update it, to do all the things that law students in their first-term torts classes and contract classes learn that courts do.
Were we to use a single notion--say, rational basis we should have to illustrate its use by applying it in many different circumstances, a common law method
He shows a keen grasp of Catholic natural law method
, the role of the magisterium, who's who in contemporary Catholic bioethics, and their diverse substantive positions.
The author needs to reconcile his rejection of core common law substance--where there is a wrong, there is a remedy--with his endorsement of common law method
The book discusses in 22 easy-to-understand chapters the preventive law method
, how the legal system really works, contract creation and enforcement, legal excuses for nonperformance, sales of goods, and product liability, and concludes with a special chapter about cyberlaw and e-commerce.
It provides a more realistic simulation when compared to the uniform power law method
Judges trained in the common law method
are unlikely to take it upon themselves to adopt such a complex, legislative-type, global solution to a so-far unyielding problem.
In contrast, James Tully has argued that the common law method
should be more accessible to this type of testimony because the reasoning is based on analogy, finding similar examples and precedents and drawing relationships between them.
If one is not interested in the formaldehyde content of latex binders but in the formaldehyde content of nonwovens, the Japanese Law Method
112-1973 is used.