Form and Substance in Anglo-American Law
A Comparative Study in Legal Reasoning, Legal Theory, and Legal Institutions
Published on 25. July 1991
Book
Paperback/Softback
458 pages
978-0-19-825734-9 (ISBN)
Description
This book has a comparatively original theme, or set of themes. It offers, first, a new way of analysing styles of legal reasoning - between more 'formal' and more 'substantive' styles. This analysis, which is worked out in some detail, is a major contribution to jurisprudence in its own right. The book then goes on to demonstrate in detail the differences in legal reasoning - and in the legal systems as a whole - between England and America, suggesting that the English is a much more 'formal' legal system and the American a more 'substantive' one. Thirdly, the book proceeds to explore in detail a wide range of cultural, institutional, and historical factors relating to the two legal systems, an exploration which is not only of value for comparative studies, but also confirms the argument in the first part of the book as to the relative 'formality' of the two legal systems.
Reviews / Votes
`packed with information and thoughtful argument, with illustrations from a wide field and drawing upon a wealth of literary sources that reflect the authors' breadth of perspective. Their approach throughout is judicious and balanced, at pains to avoid pejorative implications or being drawn into invidious debate of which system is preferable.'International and Comparative Law Quarterly `This book makes an important contribution to comparative studies, both for its jurisprudential model and for its perceptive analysis of American and British legal institutions.'
International and Comparative Law Quarterly `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
More details
Series
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Oxford University Press
Target group
Professional and scholarly
Dimensions
Height: 234 mm
Width: 156 mm
Thickness: 25 mm
Weight
693 gr
ISBN-13
978-0-19-825734-9 (9780198257349)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
P. S. Atiyah | R. S. Summers
Form and Substance in Anglo-American Law
A Comparative Study in Legal Reasoning, Legal Theory, and Legal Institutions
Book
09/1987
Clarendon Press
€232.00
Shipment within 15-20 days
Persons
Author
Sometime Professor of English LawSometime Professor of English Law, University of Oxford
McRoberts Professor of Law, Cornell University, and Arthur L. Goodhart Visiting Professor of Legal ScienceMcRoberts Professor of Law, Cornell University, and Arthur L. Goodhart Visiting Professor of Legal Science, Cambridge University, 1991-92