Form and Substance in Anglo-American Law - A Comparative Study in Legal Reasoning, Legal Theory, Legal

Zusatztext `the book provides a fresh perspective that should provoke more realistic assessments of the functions of courts and the possibilities of legal reform at home and abroad'David M. O'Brien! University of Virginia! Journal of the Centre for the Study of Public Policy Klappentext This book has a completely original theme! or set of themes. It offers first a new way of analyzing styles of legal reasoning--between more "formal" and more "substantive" styles--that is a major contribution to jurisprudence in its own right. The authors then go on to demonstrate in detail the differences in legal reasoning--and in the legal systems as a whole--between England and America! and suggest that the English is a much more "formal" system and the American a more "substantive." Finally! the book explores a wide range of cultural! institutional! and historical factors relating to the two legal systems. Zusammenfassung Offers a new method for the analysis of styles of legal reasoning, which is then demonstrated by the comparison of legal reasoning - and the legal system as a whole - in England and the USA. The text suggests that the English system is more formal, and the American system more substantive.

Product details

• Authors: P. S. Atiyah, P. S. (Sometime Professor of English Law Atiyah, P. S. Summers Atiyah, P.s. Summers Atiyah, Patrick S. Atiyah, Robert S. Summers, Summers R. S.
• Publisher: Oxford University Press
• Languages: English
• Product format: Paperback / Softback
• Released: 25.07.1991
• EAN: 9780198257349
• ISBN: 978-0-19-825734-9
• No. of pages: 458
• Series: Clarendon Paperbacks; Comparative Study of Legal Rea; Clarendon Paperbacks
• Subjects: Social sciences, law, business > Law > International law, foreign law; USA, England, LAW / Comparative, United States of America, USA, comparative law