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Using statutes and cases in common and civil law

Lundmark, Thomas; Waller, Helen


Helen Waller


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.


Lundmark, T., & Waller, H. (2016). Using statutes and cases in common and civil law. Transnational Legal Theory, 7(4), 429-469.

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
Publisher Routledge
Peer Reviewed Peer Reviewed
Volume 7
Issue 4
Pages 429-469
Keywords Legal reasoning; Statutory interpretation; Legal method; Ratio; Comparative law
Public URL
Publisher URL
Additional Information This is a description of an article which has been published in: Transnational legal theory, 2017, v.7, issue 4
Contract Date Jan 13, 2017


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