CONTENTS
I INTRODUCTION: THE LAW AND COURTS3
The Nature of Law4
Positive and Natural Law6
Common Law and Statutory Lwv9
Common Law9
Equity16
Statutory Law18
"Mixing" Common and Statutory Law19
Some Additional Legal Definitions and Concepts20
Civil and Criminal Law24
II STAFFING THE COURTS26
Selection26
The Two Chief Methods27
A Compromise?35
Tenure of Office41
The United States41
Britain47
France49
Qualifications and Motivations: The United States50
Basic Prerequisites?50
Judicial Experience and Its Absence52
The Justices in Composite62
Motivations Underlying Appointments62
"Packing the Court" and the Nominees' "Real Politics"75
On the Role of the United States Senate78

-xi-

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