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普通法中隐含的经济逻辑对大多数法学家而言,普通法只是一个由一些没有联系的领域组成的集合规则,而每一领域都有其自己的历史、词汇和令人迷惑的大量规则和原则;事实上,每一领域自身好象只是一些互相之间没有多少联系的原则集合体。然而,我们已经明确知道,无论是财产法、契约法、商法、返还法、不当得利法,还是刑法,亲属法、海事法、所有这些都能被铸入在实体上和在救济程序上解释这些(主要地)法官制定法领域中主要原则的经济结构之中。
The Economic Logic Implied in the Common Law For most jurists, the common law is merely an assembly rule made up of few unrelated fields, each of which has its own history, vocabulary, and confusing rules And principles; in fact, each area seems to itself be just a collection of principles that have few links to each other. However, we have made it clear that both property law, contract law, commercial law, return law, unjust enrichment law, criminal law, kinship law, maritime law, all of which can be cast into substance and explained on a relief procedure These (chiefly) judges set forth the economic structure of the main principles in the field of law.