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Charting the Divide Between Common and Civil Law

Charting the Divide Between Common and Civil Law

Author: Thomas Lundmark
Publisher: Oxford University Press USA
ISBN: 9780199738823
Published In: October 2012
Format: Hardback , 480 pages
Jurisdiction: Germany, International, Sweden, U.K., U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Offers an in-depth analysis of legal culture in common and civil law countries, including philosophical and methodical aspects
Examines law in Germany, the UK, Sweden, and the U.S., and uses the rich academic tradition of Germany as a benchmark against which other legal systems are measured
Identifies significant variations in the size of the judiciaries and of the role of lay judges and juries in the jurisdictions studied
Provides the reader with an analytical matrix through which to compare the four jurisdictions under study
Explores the contention that lawyers in other jurisdictions "think" differently about the law and offers results of a survey asking this quesion

What does it mean when civil lawyers and common lawyers think differently? In Charting the Divide between Common and Civil Law, Thomas Lundmark provides a comprehensive introduction to the uses, purposes, and approaches to studying civil and common law in a comparative legal framework. Superbly organized and exhaustively written, this volume covers the jurisdictions of Germany, Sweden, England and Wales, and the United States, and includes a discussion of each country's legal issues, structure, and their general rules. Professor Lundmark also explores the discipline of comparative legal studies, rectifying many of the misconceptions and prejudices that cloud our understanding of the divide between the common law and civil law traditions.

Students of international law, comparative law, social philosophy, and legal theory will find this volume a valuable introduction to common and civil law. Lawyers, judges, political scientists, historians, and philosophers will also find this book valuable as a source of reference. Charting the Divide between Common and Civil Law equips readers with the background and tools to think critically about different legal systems and evaluate their future direction.

Readership: Law students, professors, and practitioners studying comparative law; legal linguists, legal philosophers, and legal theorists, especially those with an interest in the comparative aspects of their fields

INTRODUCTION
CHAPTER ONE: The Discipline of Comparative Law
CHAPTER TWO: Comparative Legal Linguistics
CHAPTER THREE: Comparative Jurisprudence
CHAPTER FOUR: Lawyers
CHAPTER FIVE: Judges and Judiciaries
CHAPTER SIX: Lay Judges and Juries
CHAPTER SEVEN: Legal Reasoning
CHAPTER EIGHT: Statutes and their Construction
CHAPTER NINE: Judicial Precedents
CONCLUSION

Thomas Lundmark, Chair of Common Law and Comparative Legal Theory, University of Munster, Germany

Thomas Lundmark studied comparative literature in Uppsala and San Diego before embarking upon the study of law in Berkeley, Freiburg (Fulbright Scholar), and Bonn (Dr jur). After working as a lawyer in California, he served three consecutive years as a Fulbright Senior Professor in Bonn and Rostock before being appointed in 1997 to the Chair of Common Law and Comparative Legal Theory at the University of Münster, where he lectures on comparative law, jurisprudence, and legal methodology. Professor Lundmark has published and lectured widely in German and English.