Using statutes and cases in common and civil law

Lundmark, Thomas; Waller, Helen

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: Oct 27, 2022
• Journal: Transnational legal theory
• Print ISSN: 2041-4005
• Electronic ISSN: 2041-4013
• Publisher: 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
• Additional Information: This is a description of an article which has been published in: Transnational legal theory, 2017, v.7, issue 4