This book has a comparatively original theme, or set of themes. It offers, first, a new way of analysing styles of legal reasoning - between more "formal" and more "substantive" styles. This analysis, which is worked out in some detail, is an important contribution to jurisprudence in its own right. The book then goes on to demonstrate in detail the differences in legal reasoning - and in the legal systems as a whole - between England and America, suggesting that the English is a much more "formal" legal system and the American a more "substantive" one. Thirdly, the book explores in detail a wide range of cultural, institutional, and historical factors relating to the two legal systems, an exploration which is not only of value for comparative studies, but also confirms the argument in the first part of the book as to the relative "formality" of the two legal systems. A book for Legal scholars and lawyers in Britain and America; jurists; lawyers in general and students of comparative law.

Originally published in 1988 and now available in a revised paperback edition, this collection of essays by one of the leading contract theorists of the common law world concerns the theory and foundations of contractual liability. This paperback edition includes a new essay, "Freedom of Contract and the New Right," which charts the latest shift in the development of contract law back in the direction of Freedom of Contract. This collection will especially appeal to students and scholars of contract law and theory and the law of obligation.

This book has a comparatively original theme, or set of themes. It offers, first, a new way of analysing styles of legal reasoning - between more 'formal' and more 'substantive' styles. This analysis, which is worked out in some detail, is a major contribution to jurisprudence in its own right. The book then goes on to demonstrate in detail the differences in legal reasoning - and in the legal systems as a whole - between England and America, suggesting that the English is a much more 'formal' legal system and the American a more 'substantive' one. Thirdly, the book proceeds to explore in detail a wide range of cultural, institutional, and historical factors relating to the two legal systems, an exploration which is not only of value for comparative studies, but also confirms the argument in the first part of the book as to the relative 'formality' of the two legal systems.

The law in a modern society is an extremely bulky and complex instrument, with a distracting tendency to become less fixed, less rule-oriented, and more discretionary. An institution made by men for the government of men, the law today can all too readily confuse and dismay us. How and why is so much new law made? By what right does a judge order that a man be sent to gaol? Why is so much law so bad, and why should we, the people, accept the laws made by those who claim the right to govern us? In this lucid, stimulating and completely updated survey, which presupposes no specialist knowledge of the subject, P S Atiyah introduces the reader to a number of fundamental issues about the law, the legal profession, and the adjudicative process. This new edition gives greater emphasis to the effect of membership of the European Community on English law, and gives an expanded account of the European convention on Human Rights with its subsequent effects on English law. Atiyah also looks at the recent controversy over the independence of the judiciary, problems arising from the cost of legal services and legal aid, and the many appalling miscarriages of justice which have disfigured the legal system in the past decade.

The impact of freedom of contract in the 19th century extended far beyond the legal arena as an economic slogan and an ethical attitude. Atiyah traces the development and subsequent decline of the freedom of contract, depicting its effects on the law's development and the foundation of contractual obligations, as well as its broader implications for 19th century English life.

This is the new sixth edition of Patrick Atiyah's Introduction to the Law of Contract. It offers a clear and comprehensive account of this area of law. This latest edition, by Stephen Smith, retains the general shape and structure of Atiyah's book but as with previous editions, the text has been completely revised and updated to place the Law of Contract in a modern context. This remains a stimulating and innovative introduction for all students coming to the Law of Contract for the first time.

A man slips on a dance floor and breaks his leg. He recovers damages. A child has both legs amputated as a result of meningitis and is awarded nothing. The law's justification for awarding damages in the first case is that the man's injury was the fault of someone else, while in the second case damages are denied because nobody was at fault. In this searching critique of the present law and practice relating to damages, Professor Patrick Atiyah shows that this system is in fact a lottery. He contends that the public are paying far too much for an unfair and inefficient insurance system and that reform is long overdue. His conclusion is that actions for damages for injuries should be abolished and replaced with a new no-fault road accident scheme, and actions for other injuries should be dealt with by individual or group insurance policies.

A man slips on the dancefloor and breaks his leg - he recovers damages. A child has both legs amputated as a result of meningitis, and is awarded nothing. The law's justification for awarding damages in the first case is that the man's injury was the fault of someone else, while in the second case damages are denied because nobody was at fault. This critique of the present law and practice relating to damages, shows that the damages system is in fact a lottery. It contends that the public are paying far too much for an unfair and inefficient insurance system, and that reform is long overdue. The book concludes that actions for damages for injuries should be abolished and replaced with a new no-fault road accident scheme, and actions for injuries should be dealt with by individual or group insurance policies.