792311

9780198255772

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

Form and Substance in Anglo-American Law A Comparative Study of Legal Reasoning, Legal Theory, and Legal Institutions
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  • ISBN-13: 9780198255772
  • ISBN: 0198255772
  • Publisher: Oxford University Press, Incorporated

AUTHOR

Atiyah, Patrick S., Summers, Robert S.

SUMMARY

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.Atiyah, Patrick S. is the author of 'Form and Substance in Anglo-American Law A Comparative Study of Legal Reasoning, Legal Theory, and Legal Institutions' with ISBN 9780198255772 and ISBN 0198255772.

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