Form and Substance in Anglo-American Law : A Comparative Study in Legal Reasoning, Legal Theory, and Legal Institutions
Book Details
Format
Paperback / Softback
Book Series
Clarendon Paperbacks
ISBN-10
0198257341
ISBN-13
9780198257349
Publisher
Oxford University Press
Imprint
Clarendon Press
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Jul 25th, 1991
Print length
458 Pages
Weight
658 grams
Dimensions
23.40 x 15.90 x 2.50 cms
Product Classification:
Comparative law
Ksh 13,050.00
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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.
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.
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