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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.
This work investigates the fundamental divergence between English and American legal systems by analyzing the tension between formal and substantive styles of legal reasoning. The authors, P. S. Atiyah and Robert S. Summers, utilize their extensive expertise in jurisprudence to construct a comparative framework that categorizes legal methodologies. By examining the structural, cultural, and historical underpinnings of both nations, they argue that English law prioritizes formalistic adherence to rules, whereas American law favors a more substantive, policy-oriented approach.
What You Will Find
Legal scholars and practitioners frequently cite this text as a foundational study for understanding the structural differences between common law systems. Experts highlight the academic density of the prose, noting its significance in the field of comparative jurisprudence.
Page Count:
464
Publication Date:
1991-09-12
Publisher:
Clarendon Press
ISBN-10:
0198257341
ISBN-13:
9780198257349
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