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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