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

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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.

Author(s): Patrick Atiyah, Robert Summers
Edition: 1
Publisher: Clarendon Press
Year: 1987

Language: English
Pages: 464
City: Oxford
Tags: anglo-american law, legal reasoning, legal systems, legal education

Contents
1. Introduction
2. Standards for Determining the Authoritativeness of Law
3. Rules and Other Varieties of Law
4. Statute Law
5. The Common Law
6. The Trial Process
7. The Judicial Enforcement of Law
8. Legal Theories in England and America: 1776
9. Legal Theories in England and America: The Nineteenth and Twentieth Centuries
10. The Courts
11. The Makers and the Making of Statute Law
12. The Judges
13. The Legal Professions
14. Law Schools, Legal Education, and Legal Literature
15. Concluding Remarks