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This course introduces the characteristic features and machinery of the Anglo-American legal systems. The main focus will be on English law, but reference will be made to a range of other common law legal systems and key contrasts within the Anglo-American legal family will be highlighted. The first part of the course focuses on the origin of the common law family of legal systems and the essential attributes of those systems (including their equitable jurisdiction) - not merely in contrast to codified civilian systems, but also in comparison with mixed legal systems in the British Islands and beyond. Particular attention will be given to the legal sources, in particular the case law method and how the common law judicial mindset has helped shape the manner and style of legislative law-making. The following part of the course takes a selective look at aspects of substantive and adjectival law, including the law of remedies and trial by jury, which have contributed to the distinctive qualities and vocabulary of English law and other common law legal systems. Finally, consideration is given to the personnel (judges and lawyers) that operate the machinery of the common law and how they are trained, selected, and organised in the English legal setting. |
