The New General Common Law: The Past as Future

34 Pages Posted: 23 Oct 2013

Date Written: January 1, 2004

Abstract

This 2004 paper continues to work out the body of thought eventually more fully realized in my A General Theory of Governance (Wm & Mary L. Rev. 2013). An authorized draft of the 2013 paper is now also available on SSRN, replacing a poor and heavily cut transcription. This earlier work was written in preparation for an AALS section talk. It argues that Erie is better understood as a specific example of a more general underlying theory. By 2004 the need for better theory had become pressing, given late revisionist scholarship urging a return to pre-Erie understandings. The ironies of the revisionist position are discussed and understood as an attack on American legal positivism. Erie’s power rationale is stated in more general terms, and Erie is understood as a requirement of due process.

Suggested Citation

Weinberg, Louise, The New General Common Law: The Past as Future (January 1, 2004). Available at SSRN: https://ssrn.com/abstract=2343716 or http://dx.doi.org/10.2139/ssrn.2343716

Louise Weinberg (Contact Author)

University of Texas at Austin ( email )

2317 Speedway
Austin, TX Texas 78712
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
32
Abstract Views
344
PlumX Metrics