Hardback
American Law
A Comparative Primer
9781839101441 Edward Elgar Publishing
This concise primer offers an introduction to U.S. law from a comparative perspective, explaining not only the main features of American law and legal culture, but also how and why it differs from that of other countries. Students beginning LLM programs in the U.S., in particular international students, will find this primer invaluable reading.
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Critical Acclaim
Contents
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This concise primer offers an introduction to U.S. law from a comparative perspective, explaining not only the main features of American law and legal culture, but also how and why it differs from that of other countries. Gerrit De Geest initially focuses on the core characteristics of American law, such as the predominance of judge-made law, the significance of state law and the vital role that juries play in the legal process. De Geest then moves on to provide a succinct analysis of U.S. legal culture, before summarizing the principal differences in law and legal cultures around the world.
Key features include:
• A thorough introduction to the main elements of U.S. law for international students
• A concise, accessible style illustrated with lively anecdotes and discussion of relevant foundational cases
• Explanation of the historical and cultural roots of law in the U.S. and other countries to provide context for differences.
Students beginning LLM programs in the U.S., in particular international students, will find this primer invaluable reading. It will also be of interest to pre-law and comparative law students.
Key features include:
• A thorough introduction to the main elements of U.S. law for international students
• A concise, accessible style illustrated with lively anecdotes and discussion of relevant foundational cases
• Explanation of the historical and cultural roots of law in the U.S. and other countries to provide context for differences.
Students beginning LLM programs in the U.S., in particular international students, will find this primer invaluable reading. It will also be of interest to pre-law and comparative law students.
Critical Acclaim
‘This book would be a good starting place for those interested in the effect of major infrastructure projects on minority native populations.’
– Kate E. Britt, International Journal of Legal Information
‘American Law succeeds in succinctly describing the core attributes of U.S. law and jurisprudence in a straightforward manner. This book will be a useful introductory guide for a wide variety of audiences, particularly international law students and legal practitioners outside the U.S. Students and researchers in the U.S. who are new to comparative law may also benefit from reading American Law.’
– Anna Price, International Journal of Legal Information
‘I love the book. I think it is a winner. It has amazing breadth and focus, a really good selection of topics, and a great connection with recent literature. This is a fabulous book and a real “primer”: it primes the reader into thinking about American law. Students, scholars and practitioners trained in a foreign legal system will find this book an extremely useful resource. It gives both an inside and an outside perspective on American law and is a great read even for those who are already familiar with it. The author does so much more than introducing the American legal system and comparing it to foreign systems: he explains why American law is different and he does so in such an interesting way that it makes the book both a deep read and a very pleasant one.’
– Giuseppe Dari-Mattiacci, Columbia Law School, US
‘This is a wonderful comparative introduction to American law, which will be of great interest to both foreign students and American lawyers alike. Its deep engagement with comparative materials helps situate our legal system in a broader perspective. De Geest synthesizes all the essentials in an easy-to-read text. Highly recommended!’
– Tom Ginsburg, University of Chicago, US
– Kate E. Britt, International Journal of Legal Information
‘American Law succeeds in succinctly describing the core attributes of U.S. law and jurisprudence in a straightforward manner. This book will be a useful introductory guide for a wide variety of audiences, particularly international law students and legal practitioners outside the U.S. Students and researchers in the U.S. who are new to comparative law may also benefit from reading American Law.’
– Anna Price, International Journal of Legal Information
‘I love the book. I think it is a winner. It has amazing breadth and focus, a really good selection of topics, and a great connection with recent literature. This is a fabulous book and a real “primer”: it primes the reader into thinking about American law. Students, scholars and practitioners trained in a foreign legal system will find this book an extremely useful resource. It gives both an inside and an outside perspective on American law and is a great read even for those who are already familiar with it. The author does so much more than introducing the American legal system and comparing it to foreign systems: he explains why American law is different and he does so in such an interesting way that it makes the book both a deep read and a very pleasant one.’
– Giuseppe Dari-Mattiacci, Columbia Law School, US
‘This is a wonderful comparative introduction to American law, which will be of great interest to both foreign students and American lawyers alike. Its deep engagement with comparative materials helps situate our legal system in a broader perspective. De Geest synthesizes all the essentials in an easy-to-read text. Highly recommended!’
– Tom Ginsburg, University of Chicago, US
Contents
Contents: Preface 1. Introduction: Common Law Versus Civil Law A. American Case Method 2. American Law Is Largely Judge-Made Law 3. American Litigation Relies On Juries 4. American Law Is State Law 5. How To Read An Opinion Of An American Court 6. Langdell And The Socratic Method At American Law Schools 7. How To Prepare For Classes And Exams At American Law Schools B. Understanding American Legal Culture
8. The Theory Of Glaeser And Shleifer 9. Universalism Versus Particularism 10. Bottom-Up Versus Top-Down Legal Systems 11. Procedural Formalism 12. German Law 13. Religion, Ethics, And Law 14. Legal Realism Versus Scholastic Thinking 15. Parental Legal Systems 16. Project-Based Corporate Culture 17. Levmore’s Uniformity Thesis 18. Old Law Is Cheap Law 19. What Jurisprudence Books Do American And European Law Professors Prefer To Read? C. Substantive Legal Differences 20. Constitutional Law 21. Criminal Law And Criminal Procedure 22. Civil Procedure 23. Evidence 24. Administrative Law Is Much Thinner In The U.S. 25. Contract Law 26. Property Law And Inheritance Law 27. Intellectual Property Law 28. Tort Law And Environmental Regulation 29. Corporate Law 30. Bankruptcy Law 31. Labor And Employment Law 32. Antitrust Law D. Conclusion 33. Is American Law The Best Law? 34. Literature Index
8. The Theory Of Glaeser And Shleifer 9. Universalism Versus Particularism 10. Bottom-Up Versus Top-Down Legal Systems 11. Procedural Formalism 12. German Law 13. Religion, Ethics, And Law 14. Legal Realism Versus Scholastic Thinking 15. Parental Legal Systems 16. Project-Based Corporate Culture 17. Levmore’s Uniformity Thesis 18. Old Law Is Cheap Law 19. What Jurisprudence Books Do American And European Law Professors Prefer To Read? C. Substantive Legal Differences 20. Constitutional Law 21. Criminal Law And Criminal Procedure 22. Civil Procedure 23. Evidence 24. Administrative Law Is Much Thinner In The U.S. 25. Contract Law 26. Property Law And Inheritance Law 27. Intellectual Property Law 28. Tort Law And Environmental Regulation 29. Corporate Law 30. Bankruptcy Law 31. Labor And Employment Law 32. Antitrust Law D. Conclusion 33. Is American Law The Best Law? 34. Literature Index
