Form and Substance in Anglo-American Law
A Comparative Study in Legal Reasoning, Legal Theory, and Legal Institutions
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Form and Substance in Anglo-American Law by P. S. Atiyah
Book DescriptionThis 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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Book DetailsISBN: 9780198255772
(240mm x 161mm x 30mm)
Imprint: Clarendon Press
Publisher: Oxford University Press
Publish Date: 17-Sep-1987
Country of Publication: United Kingdom
Books By Author P. S. Atiyah
Atiyah's Introduction to the Law of Contract, Paperback (February 2006)
Provides readers with an introduction to the theories, policies, and ideas that underlie the law, identifying an equal emphasis on the law and critical analysis. This sixth edition places the law of contract in a modern context and accounts for developments in the law, as well as those in academic thinking and writing.
Law and Modern Society, Paperback (September 1995)
In this title, P.S. Atiyah introduces the reader to a number of fundamental issues about the law, the legal profession, and the adjudicative process. He also discusses the effect of membership of the EC on our law, the recent controversy over the independence of the judiciary, and the problems arising from the cost of legal services and legal aid.
Form and Substance in Anglo-American Law, Paperback (July 1991)
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.
Essays on Contract, Paperback (August 1990)» View all books by P. S. Atiyah
This revised edition has been updated and expanded to include a new essay on freedom of contract and the New Right, which charts the latest shift in the development of contract law. The author argues that this shift can be traced to the New Right's advocacy of political and economic freedom.
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