601:593. GREAT BOOKS OF THE COMMON LAW (2 or 3)
Hyland
To Max Weber, the civil law was superior to the common law. He believed that the civil law
decides cases rationally while the common law is wholly irrational. The goal of this course is to
figure out whether Weber was right. It turns out that the answer to Weber's challenge can be
found in the great books of the common law. However, unless Weber's question is taken
seriously, these books are impossible to read. We will read excerpts from Blackstone, Holmes,
Maitland, Cardozo, Llewellyn, Hart and Sachs, Gilmore, Roberto Unger, Richard Posner, Mary
Jo Frug, Pat Williams, and Roger Fisher.