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Item Details
| Title:
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LAW AND LEGAL THEORY IN ENGLAND AND AMERICA
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| By: |
Richard A. Posner |
| Format: |
Hardback |
| List price:
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£96.00 |
| Our price: |
£93.12 |
| Discount: |
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| You save:
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£2.88 |
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| ISBN 10: |
0198264712 |
| ISBN 13: |
9780198264712 |
| Availability: |
Usually dispatched within 1-3 weeks.
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| Stock: |
Currently 0 available |
| Publisher: |
OXFORD UNIVERSITY PRESS |
| Pub. date: |
9 January, 1997 |
| Series: |
Clarendon Law Lectures |
| Pages: |
146 |
| Description: |
In this book, which consists of a revised version of the first Clarendon Law Lectures delivered in October 1995, Judge Posner attempts a comparative analysis of the English and American legal systems. The perspective is different from that of other works which have attempted the same kind of comparative study for two reasons: first because the author is a judge; and second because he is perhaps the best-known and most influential proponent of the idea that the socialsciences, and in particular economics, should inform both the study and the administration of the law. The essays contained in this volume reflect the judge's deep learning and exemplify the value of comparative study as a means of identifying trends, ideas and connections which may be immediatelyapparent from the study of a single system of law. |
| Synopsis: |
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. In the third lecture he examines the differences between the English and American legal systems at the administrative or operational level as distinct from the jurisprudential and doctrinal levels. The conclusions drawn from his analysis challenge traditional orthodoxy. His concluding advice to law reformers in both jurisdictions is that piecemeal reform of either system is to be avoided. In this short and highly readable work readers will find much that will delight, stimulate and challenge them. |
| Illustrations: |
tables |
| Publication: |
UK |
| Imprint: |
Clarendon Press |
| Returns: |
Returnable |
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