Form and Substance in Anglo-American Law: A Comparative Study in Legal Reasoning, Legal Theory, and…

Paperback | April 30, 1999

byP. S. Atiyah, Robert S. Summers

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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 ownright. 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 toexplore 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 legalsystems.

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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 ownright. The book then goes on to demonstrate in...

P. S. Atiyah is at the University of Oxford. Robert S. Summers is at Cornell University.

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Format:PaperbackDimensions:458 pages, 9.06 × 6.1 × 1.06 inPublished:April 30, 1999Publisher:Oxford University Press

The following ISBNs are associated with this title:

ISBN - 10:0198257341

ISBN - 13:9780198257349

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`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