Outputs (4)

Review of Allan C. Hutchinson, "Toward an informal account of legal interpretation", New York, Cambridge University Press, 188 pages, hb, £69.99 (2017)
Journal Article
Lundmark, T. (2017). Review of Allan C. Hutchinson, "Toward an informal account of legal interpretation", New York, Cambridge University Press, 188 pages, hb, £69.99. Modern Law Review, 80(6), 1178-1183. https://doi.org/10.1111/1468-2230.12299

Book review

Using statutes and cases in common and civil law (2016)
Journal Article
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

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... Read More about Using statutes and cases in common and civil law.

Legal Science and European Harmonisation (2014)
Journal Article
Lundmark, T. (2014). Legal Science and European Harmonisation. Law Quarterly Review, 130(1), 68-82

Considers the implications of the notion of legal science, the belief held by German and other continental jurists that the law is autonomous from political, economic, social or cultural influences, for the efforts to harmonise EU law in the diverse... Read More about Legal Science and European Harmonisation.

The methodology of using precedents
Book Chapter
Lundmark, T. The methodology of using precedents.

This paper elucidates the common law doctrine of stare decisis and the methodology of using precedents, including the practice of distinguishing and overruling them.