Charting the divide between common and civil law Thomas Lundmark

Summary
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.
5. Judges and Judiciaries; A. Historical Development; B. Court Structure; C. The Selection, Training, and Tasks of Judges; Summary; 6. Lay Judges and Juries; A. Historical Development; B. Selection and Training; C. Justifications for Lay Judges and Juries; Summary; PART THREE: Legal Rules; 7. Legal Reasoning; A. Law, Rules, Norms, Making Law, and Finding Law; B. Four Steps in Making and Applying the Law; C. The Thinking Processes in Making Law; D. Logic and Legal Reasoning; E. Mischaracterizations of Common Law Reasoning; Summary; 8. Statutes and their Construction.
Contents
Machine generated contents note: pt. ONE General Topics
1.The Discipline of Comparative Law
A.The Uses (Misuses, and Abuses) of Comparative Law
B.The Purposes of Comparative Law
C.Some Approaches to Comparative Legal Studies
1.Micro- or Rule-based Comparisons
a.Comparison of Legal Terms
b.Comparison of Legal Concepts
c.Comparison of Norms
d.Comparison of Sources of Rules
e.Comparison of Legal Institutions
f.Comparison of Bodies of Norms
2.Macro-Comparisons
a.Comparison of Legal Organizations
b.Comparison of Legal Systems
c.Comparison of Mentality
d.Comparison of Juristic Styles
e.Comparison of Legal Philosophies
f.Comparison of Legal Traditions
g.Comparison of Legal Cultures
D.Classifications in Comparative Law
1.Language as a Model for Classifications in Law
2.Legal Families
3.Some Suggestions for Possible Taxonomic Studies
a.Bottom-up Approach
b.Top-down Approach
Contents note continued: c.Comparison at the Middle, including Legal Transplants
4.On Using Language as a Tool for Classification
Summary
2.Comparative Legal Linguistics
A.Legal Linguistics
1.The History of Legal German
2.The History of Legal English
3.Characteristics of Legal German
4.Characteristics of Legal English
B.Language and Legal Predictability
3.Comparative Jurisprudence
A.Three Conceptions of Law
1.Legal Positivism
2.Natural Law
3.Legal Realism
B.Evaluating the Jurisdictions
1.Is Law Autonomous or Interdisciplinary?
a.Germany
b.The United States of America
c.Sweden
d.England and Wales
2.Is Law Complete or Incomplete?
3.Determinable Versus Indeterminable
c.England and Wales
d.Sweden
4.Predictability of the Law Versus Individual Justice
Contents note continued: b.The United States of America
5.Formality Versus Morality
pt. TWO Legal Actors
4.Lawyers
A.Historical Development
1.Germany
2.England and Wales
3.Sweden
4.The United States of America
B.Modern Legal Education
2.England And Wales
C.The Legal Profession
5.Judges and Judiciaries
a.Common Law Courts
b.Chancery
B.Court Structure
a.Ordinary Jurisdiction
b.Specialist Jurisdiction
I.Labor Matters
II.Social Matters
III.Tax Matters
IV.Administrative Matters
a.Tribunals
Contents note continued: b.Magistrates' Court
c.County Court
d.Crown Court
e.High Court of Justice
f.Court of Appeal of England and Wales
g.Supreme Court of the United Kingdom
a.Special Courts
b.Ordinary Jurisdiction
c.Administrative Jurisdiction
a.The Federal Court System
b.The California Slate Courts
C.The Selection, Training, and Tasks of Judges
a.Training and Selection
b.Tasks
a.Selection
b.Education
4.Die United States of America
a.Federal Courts
b.The California State Courts
6.Lay Judges and Juries
a.Justices of the Peace
b.Juries
B.Selection and Training
Contents note continued: 4.The United States of America
C.Justifications for Lay Judges and Juries
b.The Institution of the Jury
c.Civil Juries
d.Criminal Juries
pt. THREE Legal Rules
7.Legal Reasoning
A.Law, Rules, Norms, Making Law, and Finding Law
1.Finding the Law: the Normsuche
2.Systematization and the Normsuche
3.Putting a Judicial Gloss on a Statute
4.Making Law
B.Four Steps in Making and Applying the Law
C.The Thinking Processes in Making Law
D.Logic and Legal Reasoning
1.Logical
2.Reasoning by Deduction
3.Reasoning by Induction
4.Reasoning by Analogy
5.The Logical Syllogism
6.The Legal Syllogism or "Subsumption" (Applying the Law to the Facts)
E.Mischaracterizations of Common Law Reasoning
8.Statutes and their Construction
Contents note continued: A.Historical development
B.Legal Sources and Hierarchies
a.Constitutional Law
b.European Law
c.International Law
d.Statutory Law
e.Legal Regulations
f.Ordinances (by-laws)
g.Collective Bargaining Agreements
h.Administrative Rules
i.Customary Law
j.Case Law (Richterrecht)
k.Expert Opinion Law (Juristenrecht)?
C.Statutory Interpretation
a.Linguistic Interpretation
b.Historical Interpretation
c.Teleological Interpretation
a.Grammatical Interpretation (logisk-grammatisk tolkning)
b.Systematic Interpretation (systematisk tolkning)
c.The Teleological Methods of Interpretation (subjektiv och objektiv lagtolkning)
9.Judicial Precedents
Contents note continued: A.Historical Development
B.Statutes Regarding Precedential Effect
a.The Vertical Effect of Precedents
b.The Horizontal Effect of Precedents
C.The Modern Use of Precedents
D.Precedents and Politics in the German Federal Constitutional Court
1.The FCC as Institution
a.Organization of the FCC
b.Appointment of Judges to the FCC
c.Jurisdiction of the FCC
d.Normative Force of the FCC's Judgments
2.Departures from Precedent by the FCC
a.Style of FCC Judgments
b.Kinds of Departures
c.Departures by the First Senates of the FCC
d.Departures by the Second Senate of the FCC
Contents note continued: 3.Short Comparison with the U.S. Supreme Court
4.Explaining the Small Number of Departures from Precedent by the FCC, and the Large Percentage of Political Departures
Summary.
Introduction
The discipline of comparative law
Comparative legal linguistics
Comparative jurisprudence
Lawyers
Judges and judiciaries
Lay judges and juries
Legal reasoning
Statutes and their construction
Judicial precedents.