American Law in a Global Context: The Basics 1st Edition by George P. Fletcher, ISBN-13: 978-0195167221

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American Law in a Global Context: The Basics 1st Edition by George P. Fletcher, ISBN-13: 978-0195167221

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• Publisher: ‎ Oxford University Press (February 3, 2005)
• Language: ‎ English
• ‎696 pages
• ISBN-10: ‎ 0195167228
• ISBN-13: ‎ 978-0195167221

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.

Table of Contents:

Cover Page

Title Page

Copyright Page

Dedication

Preface

Acknowledgments

Contents

Introduction

PART I Common Law and Civil Law

ONE The Common Law

TWO The Civil Law

THREE The Language of Law: Common and Civil

FOUR Legal Reasoning

PART II Constitutional Identity

FIVE The Constitution as Code

SIX Judicial Review

SEVEN Federalism

EIGHT The Alternative Constitution

NINE Equality Prevails

TEN Freedom Fights Back

ELEVEN The Jury

TWELVE Due Process Ascendant

THIRTEEN Coordinating the States

FOURTEEN Multiple Common Laws?

PART III The Theory of the Common Law: Liberalism and Its Alternatives

FIFTEEN Feudalism in Land Law

SIXTEEN The Triumph of Equity

SEVENTEEN Contemporary Property

EIGHTEEN The Frontiers of Property

NINETEEN Contract as Law

TWENTY Contract as Justice

TWENTY-ONE Contractual Harm

TWENTY-TWO Foundations of Tort Law

TWENTY-THREE Economic Efficiency

TWENTY-FOUR From Contributory to Comparative Fault

TWENTY-FIVE Disputed Boundaries: Punitive Damages

TWENTY-SIX The American Civil Trial in Outline

PART IV Criminal Law: The Adversary System and Its Alternatives

TWENTY-SEVEN Where Would You Rather Be Tried?

TWENTY-EIGHT The Fate of Bernhard Goetz

TWENTY-NINE Self-Defense: Domestic and International

SUMMARY The Right and the Reasonable

Appendices

APPENDIX ONE How to Read (and Brief) a Case

APPENDIX TWO Common Law Method; or, How to Do Things with Cases

APPENDIX THREE The Interpretation of Statutes

INDEX

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.

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