Table of Contents:
  • Title Page; Copyright Page; Dedication; Table of Contents; Acknowledgements; Foreword; Preface: Seeing Law through the Reference Frames of Culture; 1 The Goal: Knowing the Soul and Spirit of U.S. Legal Culture through the Experience of the Common Law; 1.1 Framing Issues; 1.1.1 Spirit; 1.1.2 Soul; 1.1.3 The Spirit and the Soul of Advocacy; 1.2 Conclusions from Experience; Literature; 2 The Always and Already Comparative Nature of "Foreign" Law; Framing Issues; 2.1 Introduction; 2.2 Cognitive Status Quo; 2.2.1 Why Compare? A Brief History of Comparative Law; 2.2.2 Comparative Method.
  • 2.2.3 Functionality2.2.4 How to Compare; 2.2.5 What Comparative Law Is Not; 2.2.6 Further Critiques That Generate New Schools of Comparativism; 2.3 Conclusions-What Is Learned or Gained from Comparative Science?; Literature; 3 Comparative Law Applied: The Subtle Differences Between Civil Law and Common Law in Study and Practice; Framing Issues; 3.1 Why Compare Common Law with Civil Law?; 3.1.1 What Should One Compare? The Range from Hand to Math; 3.1.2 Comparing Institutions; 3.1.3 Comparing Processes; 3.1.4 Comparing Sources ... from the Bottom up; 3.2 A Note on Case Decisions.
  • 3.3 Comparisons within the Family: English Law and U.S. LawLiterature; 4 The Historical Reference Frame of "Kingless Commonwealths on the Other Shore of the Atlantic"1; Framing Issues; 4.1 The Problems of History; 4.2 Framing the Questions of History, U.S. History and U.S. Legal History; 4.2.1 The Static View; 4.2.2 The Circular or Cyclical View; 4.2.3 The Progressive or Enlightenment View; 4.2.4 The Spiral View; 4.2.5 The Cataclysmic View; 4.2.6 The Regressive View; 4.3 Proceeding from the Assumptions in the Various Views; 4.4 The Use and Abuse of History.
  • 4.5 Punished by Places and by Times: Establishing an Historical Narrative for U.S. Law4.5.1 The Birth of the Common Law; 4.5.2 Early Period: Eleventh-Thirteenth Centuries; 4.5.3 Middle Period: 1340s-1640s; 4.5.4 The Modern Period: The Eighteenth Century Until Today; 4.6 U.S. History; 4.7 U.S. Legal History; 4.8 Conclusion; Literature; 5 The Social Reference Frame: Cultural Practices We Call "Law"; Framing Issues; 5.1 Introduction: Does Society Want Legal Specialists?; 5.1.1 The Social Approach to the Legal Actors; 5.1.2 Legal Practice and Training in the United States.
  • 5.1.3 U.S. Legal Education and Practice Immediately After Independence5.1.4 General Considerations for Admission to the Practice of Law; 5.1.5 Legal Education in the Twentieth and Twenty-first Centuries; 5.2 The United States Today: Entry into the Profession of Practicing Law; 5.3 Foreign Lawyer Practice in the United States (LL. M. and Foreign Legal Advisor); 5.4 Legal Science; 5.5 Lawyers and Law Students by the Numbers; 5.5.1 Gender; 5.5.2 Race; 5.6 A New Millennium for Common Law Education, A New Century for U.S. Legal Education; 5.7 Conclusion: Are the Horses in the Street Frightened Yet?