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.
'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
P. S. Atiyah, Oxford) Atiyah, P. S. (former Professor of English Law, University of Oxford, and Honorary Fellow, former Professor of English Law, University of Oxford, and Honorary Fellow, St John's College, Patrick S. Atiyah
Stephen A. Smith, P.S. Atiyah, Oxford) Smith, Stephen A. (, Professor of Law, McGill University, Montreal, and former Tutor and Fellow in Law at St Anne's College, Formerly Professor of English Law in the University of Oxford) Atiyah, P.S. (, P. S. Atiyah, Stephen A.; Smith
Jan Sapp, University of Melbourne) Sapp, Jan (Senior Lecturer in History and Philosophy of Science, Senior Lecturer in History and Philosophy of Science
P. S. Atiyah, Robert S. Summers, R. S. Summers, University of Oxford) Atiyah, P. S. (Sometime Professor of English Law, Sometime Professor of English Law, 1991-92) Summers, R. S. (McRoberts Professor of Law, Cornell University, and Arthur L. Goodhart Visiting Professor of Legal Science, McRoberts Professor of Law, Cornell University, and Arthur L. Goodhart Visiting Professor of Legal Science, Cambridge University, Patrick S. Atiyah