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Table of Contents Introduction Part I Common Law and Civil Law 1 Chapter One Common Law 19 Chapter Two Civil Law 38 Chapter Three The Language of Law: Common and Civil 69 Chapter Four Legal Reasoning 97 Part II Constitutional Identity 135 Chapter Five The Constitution as Code 140 Chapter Six Judicial Review 169 Chapter Seven Federalism 192 Chapter Eight The Alternative Constitution 220 Chapter Nine Equality Prevails 258 Chapter Ten Freedom Fights Back 290 Chapter Eleven The Jury 315 Chapter Twelve Due Process Ascendant 336 Chapter Thirteen Coordinating the States 359 Chapter Fourteen Multiple Common Laws? 393 Part III The Theory of the Common Law: Liberalism and its Alternatives 410 Chapter Fifteen Feudalism 415 Chapter Sixteen The Triumph of Equity 440 Chapter Seventeen Contemporary Property 467 Chapter Eighteen The Frontiers of Property 490 Chapter Nineteen Contract as Law 514 Chapter Twenty Contract as Justice 537 Chapter Twenty-One Contractual Harm 554 Chapter Twenty-Two Foundations of Tort Law 572 Chapter Twenty-Three Economic Efficiency 587 Chapter Twenty-Four From Contributory to Comparative Fault 614 Chapter Twenty-Five Punitive Damages 634 Chapter Twenty-Six Stages of a Civil Trial 653 Part IV Criminal Law: The Adversary System and its Alternatives 683 Chapter Twenty-Seven Where Would you Rather be Tried? 689 Chapter Twenty-Eight The Fate of Bernhard Goetz 711 Chapter Twenty-Nine Self-Defense: Domestic and International 736 Conclusion Chapter Thirty Summary: The Right and the Reasonable 766 Appendices Appendix One: How to Read (and Brief) a Case 794 Appendix Two:Common Law Method; or, How to Do Things With Cases 808 Appendix Three: The Interpretation of Statutes 831
Library of Congress Subject Headings for this publication: Law United States, Lawyers, Foreign United States Handbooks, manuals, etc