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Vol 21 No 10 Oct/Nov 2016

Book of the Month

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Criminal Injuries Compensation Claims

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

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ISBN13: 9780198257349
ISBN: 0198257341
Published: July 1991
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £38.99
Hardback edition , ISBN13 9780198255772



Low stock.

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.