American Law in a Global Context: The Basics

by George P. Fletcher, Steve Sheppard

Overview

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.

Product Details

ISBN-13:	9780199883271
Publisher:	Oxford University Press
Publication date:	02/03/2005
Sold by:	Barnes & Noble
Format:	eBook
File size:	3 MB

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

"This book is essential reading for all 'thinking' students and lawyers, both inside and outside the United States, who want to understand the place of American law in the great legal traditions of the West. The authors brilliantly identify the central themes, develop them with comparative commentary, and make the most difficult issues accessible to the uninitiated."
—The Honourable Claire L'Heureux Dubé (retired), Canadian Supreme Court

"American Law in a Global Context: The Basics is a uniquely comprehensive introduction to the American legal system. From common law to constitutional law, the book takes the reader through the building blocks and provides just the right amount of historical and theoretical context. I highly recommend this book to anyone looking for a crash-course in American public, private, and criminal law."
—The Hon. Alex Kozinski

"American Law in a Global Context is an ideal introduction for LL.M.'s to the study of American law, as well as for United States undergraduates and foreign law students. It is lucidly organized, elegantly written, and exceedingly accurate in its details."
—Daniel R. Coquillette, Director, Harvard Law School History Project

"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

"This book is particularly valuable in its use of legal materials from outside the United States as a way of introducing readers to United States law. The materials are consistently thought-provoking as well as informative."
—Mark Tushnet, author of Comparative Constitutional Law

"A challenging case book for foreign laywers. The case method, while frustrating at first to forign students, will ultimately help them to build their skills in the common law method. ...Exposure to actual cases provides these students with a deeper understanding of how Americans approach law and also confers the benefit of enabling them to be more successful on law school exams, including the bar examination. Fletcher and Sheppard's work is an important contribution to pedagogy and to the resources available to those of us who teach U.S. law to students from abroad." —American Journal of Comparative Law

From the Publisher