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

ISBN-13: 9780198255772 / Angielski / Twarda / 1987 / 464 str.

P. S. Atiyah; Patrick S. Atiyah; Robert S. Summers

Opis

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.

Recenzje

'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