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Law and Legal Theory in the UK and USA

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Richard A. PosnerChief Justice, Court of Appeals Seventh Circuit for the United States, Chicago, USA

ISBN13: 9780198264712
ISBN: 0198264712
Published: September 1997
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £44.49



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Richard Posner is famous throughout the legal world for his pioneering and controversial espousal of the belief that the study of law cannot be divorced from the study of economics. Here, in this volume of essays based upon his Clarendon Lectures, he explores the relationship between the legal systems of the UK and USA. The essays in this volume range widely over themes which will be familiar to many students and teachers of law. In the first essay he compares the work of the two most prominent writers on jurisprudence in the second half of this century, one English (HLA Hart) and one American (Ronald Dworkin). His controversial conclusion that trying to define "law" is futile, distracting and illustrative of the impoverishment of traditional legal theory will fascinate students of legal theory.

In the second lecture he examines a number of English cases drawn primarily from the two fields in which English and American law overlap most completely - torts and contracts. Here he argues that while in general English judges use their common sense effectively to approximate the results that an economic analyst would recommend they would do even better if they were more receptive to the economic approach to the common law -- if they were, in other words, a little more like American judges.

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Subjects:
Jurisprudence

Series: Clarendon Law Lectures

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Jules ColemanWesley Newcomb Hohfeld Professor of Jurisprudence and Philosophy, Yale University, USA
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Guenter TreitelFellow, All Souls College, University of Oxford
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Economic Torts
Tony WeirFellow and Reader in Law, Trinity College, University of Cambridge
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