American Law in a Global Context The Basics

by Fletcher, George P.; Sheppard, Steve

• ISBN13: 9780195167221
• ISBN10: 0195167228
• Format: Hardcover
• Copyright: 2005-02-03
• Publisher: Oxford University Press

Summary

Whatever your background, if you seek an understanding of the legal system of the United States, this is the book for you. American Law in a Global Context is an elegant and erudite introduction to the American legal system from a global perspective. It covers the law and lawyering tools taught in the first year of law school, explaining the underlying concepts and techniques of the common law used in U.S. legal practice. The ideas central to the development and practice of American law, as well as constitutional law, contracts, property, criminal law, and courtroom procedure, are all presented in their historical and intellectual contexts, accessible to the novice but with insight that will inform the expert. Actual cases illuminate each major subject, engaging readers in the legal process and the arguments between real people that make American law an ever-evolving system. George P. Fletcher and Steve Sheppard's exciting approach contrasts the American legal system with other legal systems, especially those of continental Europe. This comparison illuminates the core concepts of US law, making them easily understandable to readers from other systems, and offering a unique perspective on American law as part of global network of laws. Designed to help the foreign student grasp the basic ideas of pedagogy, legal institutions, and substantive law in the US, appendices include an introduction to the common law method, instruction on how to read a case, and the interpretation of statutes. Based on the course for lawyers from across the globe studying American law at Columbia University, this cutting edge volume makes the basics of American legal education accessible to students and the public worldwide. A must-own reference source for LLM students, undergraduates, and students of US law in other countries.

Author Biography

George P. Fletcher is the Cardozo Professor Jurisprudence at Columbia University School of Law. He is the author of many works on the U.S. Constitution and legal theory, and has taught his comparative introduction to American law course to lawyers from universities throughout the world.
Steve Sheppard is a law professor at the University of Arkansas. He has written widely on legal history and legal philosophy and recently edited The Selected Writings and Speeches of Sir Edward Coke, a founder of modern common law.

Table of Contents

Introduction	3	(12)
PART I Common Law and Civil Law
The Common Law	15	(14)
The Civil Law	29	(25)
The Language of Law: Common and Civil	54	(21)
Legal Reasoning	75	(36)
PART II Constitutional Identity
The Constitution as Code	111	(21)
Judicial Review	132	(18)
Federalism	150	(22)
The Alternative Constitution	172	(29)
Equality Prevails	201	(23)
Freedom Fights Back	224	(19)
The Jury	243	(16)
Due Process Ascendant	259	(17)
Coordinating the States	276	(26)
Multiple Common Laws?	302	(17)
PART III The Theory of the Common Law: Liberalism and Its Alternatives
Feudalism in Land Law	319	(19)
The Triumph of Equity	338	(20)
Contemporary Property	358	(18)
The Frontiers of Property	376	(19)
Contract as Law	395	(18)
Contract as Justice	413	(13)
Contractual Harm	426	(14)
Foundations of Tort Law	440	(12)
Economic Efficiency	452	(20)
From Contributory to Comparative Fault	472	(16)
Disputed Boundaries: Punitive Damages	488	(14)
The American Civil Trial in Outline	502	(29)
PART IV Criminal Law: The Adversary System and Its Alternatives
Where Would You Rather Be Tried?	531	(18)
The Fate of Bernhard Goetz	549	(19)
Self-Defense: Domestic and International	568	(81)
Summary The Right and the Reasonable	591	(24)
Appendices
Appendix one How to Read (and Brief) a Case	615	(10)
Appendix Two Common Law Method; or, How to Do Things with Cases	625	(17)
Appendix Three The Interpretation of Statutes	642	(7)
Index	649