Chapter 1
Introduction
Purpose
Legal Tasks
Legal Reasoning
Legal Method
Law is reason free from passion.¹
Purpose
Common law legal systems are so called because common law was originally
the main type of law in the system. Over the centuries, the position changed as
statute law was enacted in an ever increasing volume. To some extent this
ousted common law but to a considerable extent it established new territory to
be ruled by law. But despite this change in composition, the systems are still
popularly known as common law systems.
This book analyses the major tasks that lawyers perform in a common law
system. It then seeks to identify the reasoning processes that should inform
those tasks. This analysis procures at least two advantages. One advantage is
the sheer thrill of discovery. A practical advantage also accrues because the
analysis lays a foundation for devising methods to perform those tasks.
Clearly these methods are directly applicable to common law legal systems.
However, since all legal systems perform the same fundamental task it is
feasible that some of the methods would extend to other legal systems, even if
they required adaptation for that purpose.
In identifying the reasoning processes that should be used in working with law
the text is addressing governments and lawyers. It is prescribing ways to
reason by saying in effect: “If you wish to act rationally and honestly, this is
the way to proceed”.
Legal Tasks
In any legal system there are two primary sets of tasks. One consists of
forming law, while the other consists of using law.
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Aristotle Politics Book 3
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