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What does it mean when civil lawyers and common lawyers think differently? In Charting the Divide between Common and Civil Law, Thomas Lundmark provides a comprehensive introduction to the uses, purposes, and approaches to studying civil and common law in a comparative legal framework. Superbly organized and exhaustively written, this volume covers the jurisdictions of Germany, Sweden, England and Wales, and the United States, and includes a discussion of each country's legal issues, structure, and general rules. Students of international law, comparative law, social philosophy, and legal theory will find this volume a valuable introduction and companion to their courses.

Intro -- Contents -- Preface to the Second Edition -- About the Author -- Introduction -- PART ONE: GOVERNMENTAL POWER -- Subpart A: The Federal Government -- 1. The Principle of Separation of Powers -- 2. Legislative Powers -- 3. Executive Power -- 4. Judicial Power -- Subpart B: The Governments of the States -- 1. The Supremacy Clause -- 2. The Tenth Amendment -- PART TWO: CONSTITUTIONAL RIGHTS -- 1. "State Action" -- 2. Levels of Scrutiny -- Subpart A: Liberty (Due Process) -- 1. Explicit Fundamental Rights -- 2. Implicit Fundamental Rights -- Subpart B: Equality (Equal Protection) -- 1. Discrimination -- 2. Protected Groups -- Attachments -- Attachment A: The Declaration of Independence -- Attachment B: The Articles of Confederation (ratified 1781) -- Attachment C: The Constitution of the United States of America (ratified 1788) -- Attachment C-1: The Bill of Rights (ratified 1791) -- Attachment C-2: Constitutional Amendments 11-27 -- Attachment D: Individual Rights Found in the Text of the Constitution Excluding the Amendments -- Attachment E: The Emancipation Proclamation (1863) -- Bibliography -- Table of Cases.

This book provides a coherent, readily accessible analysis of the tensions inherent in American constitutional law between the governing and the governed. Combining extensive analysis with text from Supreme COurt decisions, each chapter examines different components of constitutional law