Form and Substance in Anglo-American Law: A Comparative Study in Legal Reasoning, Legal Theory, and Legal Institutions (Clarendon Paperbacks) - Softcover

Atiyah, P. S.

Softcover

ISBN 10: 0198257341 ISBN 13: 9780198257349

Publisher: Oxford University Press, USA, 1991

Synopsis

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.

About this title

Review

`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

Synopsis

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.

Edition details

• Publisher: Oxford University Press, USA
• Publication date: 1991
• ISBN 10: 0198257341
• ISBN 13: 9780198257349
• Binding: Paperback
• Language: English
• Number of pages: 460