American Law in a Global Context: The Basics / Edition 1

by George P. Fletcher, Steve Sheppard

Overview

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.

Product Details

ISBN-13:	9780195167238
Publisher:	Oxford University Press
Publication date:	02/03/2005
Edition description:	New Edition
Pages:	696
Product dimensions:	9.12(w) x 6.26(h) x 1.46(d)

About the Author

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.

Table of Contents

IntroductionPart I: Common Law1. Common Law2. Civil Law3. The Language of Law: Common and Civil4. Legal ReasoningPart II: Constitutional Identity5. The Constitution as Code6. Judicial Review7. Federalism8. The Alternative Constitution9. Equality Prevails10. Freedom Fights Back11. The Jury12. Due Process Ascendant13. Coordinating the States14. Multiple Common Laws?Part III: The Theory of Common Law: Liberalism and its Alternatives15. Feudalism16. The Triumph of Equity17. Contemporary Property18. The Frontiers of Property19. Contract as Law20. Contract as Justice21. Contractual Harm22. Foundations of Tort Law23. Economic Efficiency24. From Contributory to Comparative Fault25. Punitive Damages26. Stages of a Civil TrialPart IV: Criminal Law: The Adversary System and its Alternatives27. Where Would You Rather Be Tried? 28. The Fate of Bernhard Goetz29. Self-Defense: Domestic and International Conclusion30. Summary: The Right and ReasonableAppendicesAppendix 1: How to Read (and Brief) a CaseAppendix 2: Common Law Method; or How to Do Things with CasesAppendix 3: The Interpretations of StatutesIndex

Editorial Reviews

"AMERICAN LAW IN A GLOBAL CONTEXT examines the foundations and evolution of common law in the United States, with an explicit focus on an audience not familiar with these aspects.... In conclusion, I believe this is a well-written volume that accomplishes its stated goal—to help familiarize readers with the American common law. It is a text that I will strongly encourage my students to read, if they wish to pursue a legal education."—The Law and Politics Book Review

From the Publisher