American law : a comparative primer

著者

    • Geest, Gerrit de

書誌事項

American law : a comparative primer

Gerrit de Geest

E. Elgar, c2020

  • : pbk

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注記

Includes index

内容説明・目次

内容説明

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.

目次

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

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