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Using statutes and cases in common and civil law

Lundmark, Thomas; Waller, Helen

Authors

Helen Waller



Abstract

This paper demonstrates that reasoning with statutes and reasoning with cases are actually one and the same intellectual activity. Further, the reasoning practice of the courts in Germany, California, and England and Wales is identical. This finding contradicts a widely held opinion that the legal reasoning of civil law lawyers differs fundamentally from the legal reasoning of common law lawyers.

Citation

Lundmark, T., & Waller, H. (2016). Using statutes and cases in common and civil law. Transnational Legal Theory, 7(4), 429-469. https://doi.org/10.1080/20414005.2016.1275590

Acceptance Date Jan 11, 2017
Online Publication Date Jan 11, 2017
Publication Date 2016-12
Deposit Date Jan 13, 2017
Publicly Available Date Jan 13, 2017
Journal Transnational legal theory
Print ISSN 2041-4005
Electronic ISSN 2041-4013
Publisher Taylor & Francis (Routledge)
Peer Reviewed Peer Reviewed
Volume 7
Issue 4
Pages 429-469
DOI https://doi.org/10.1080/20414005.2016.1275590
Keywords Legal reasoning; Statutory interpretation; Legal method; Ratio; Comparative law
Public URL https://hull-repository.worktribe.com/output/447128
Publisher URL http://www.tandfonline.com/doi/full/10.1080/20414005.2016.1275590
Copyright Statement ©2018 University of Hull
Additional Information This is a description of an article which has been published in: Transnational legal theory, 2017, v.7, issue 4

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