Vol. 5 No. 2 (February, 1995) pp. 62-64

AMERICAN LAW AND LEGAL SYSTEMS (Second Edition) by James V. Calvi and Susan Coleman. Englewood Cliffs, N.J.: Prentice Hall, 1992. 340 pp. paper $40.00.

Reviewed by John Gilliom, Department of Political Science, Ohio University.

In a book seeking to balance the perspective of a lawyer with that of a social scientist, Calvi and Coleman provide a broad-brushed introductory overview of both the institutional legal system and the central doctrinal elements of American law. Without developing any specific thesis or argument, AMERICAN LAW AND LEGAL SYSTEMS reviews the formal institutional processes and practices involved in administering and interpreting the law and then moves on to introduce the terms and concepts of the main doctrinal areas of law. The work does not draw heavily upon either contemporary empirical studies of law in practice, comparative studies, or the variety of theoretical approaches to criticizing and understanding legal reasoning and doctrine. Rather, the authors stay close to the formal depictions of law's terrain and practice, giving students an accessible accounting of basic structures, concepts, and doctrinal histories.

Roughly the first third of the text introduces students to the basic concepts and institutional structures of the American legal system. The material covers the differing views on the role and nature of law, provides an overview of the various types of law (common law, criminal law, etc.), and gives a brief history of the origins of the uniquely American forms of law. The chapter on court organization introduces and outlines the federal court system, discusses, in general terms, the role and nature of the state courts, and explains the process of judicial appointment and removal for both federal and state systems. For instructors teaching a course more in the mainstream of institutional and behavioral political science, the treatment of institutional issues and politics is probably inadequate (for example, there are several pages on the formal practices of the appointment process, but no real discussion of the nitty gritty politics of Bork and Thomas). In the longest chapter of the book, "Procedures and Evidence" the authors give a detailed review of the terms and concepts surrounding formal rules of evidence and procedure in civil and criminal courts as well as a brief introduction to alternative dispute resolution. "Limitations", the fifth chapter, covers judicial restraint, political questions doctrine, standing and mootness issues, and other limits on court action.

The remainder and bulk of the book provides an overview of the main doctrinal areas of American law. There are sixteen to thirty-page chapters on Constitutional Law, Criminal Law, Administrative Law, Torts, Contracts, Property, and Family Law. Each of the chapters begins with a brief introduction to the substantive issues covered in the relevant area and then moves to define and discuss some of the major themes and concepts. As an example, Chapter 6, Constitutional Law, opens with the concept of judicial review and treats it origins in a six page discussion of MARBURY V. MADISON. The authors next move to a discussion of constitutional interpretation that briefly explains three different positions, classified as original intention theories,

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interpretivist theories, and noninterpretivist theories. Finally, under the "major doctrines" section, students are exposed to succinct (3-5 page) explanations of federalism, separation of powers doctrine, due process rulings, incorporation, and equal protection (free speech doctrine is absent, search and seizure doctrine is covered in the chapter on Criminal Law). In each of these sections, central concepts are defined and often illustrated through reference to a specific case.

The other chapters in this section follow an outline essentially similar to that of the Constitutional law section. Rather than using a specific argument or major theoretical debate as the organizing principle, each chapter moves through clear (and generally well-written) explanations of the categories and terms of legal analysis. In some ways the result is a heavily annotated, thematically organized glossary of terminology, concepts, and perennial themes; in this sense the book might work very well as a support text which could supplement less introductory works. There is a thorough glossary included in the book and an appendix on legal research which introduces students to legal citation, case location, and computer-based legal research. A non-scientific exploration of the index found some important concepts from the book absent (this may prove particularly frustrating to students on the night before an exam).

Although striving to balance the perspectives of the lawyer and the political scientist, AMERICAN LAW AND LEGAL SYSTEMS is particularly well-suited for a course which wants to offer the lawyer's perspective -- it is thorough in its explanation of key terms and legal concepts and will give students a brief introduction to the main areas that they can expect to find in law school curricula. While it makes no extensive use of the actual texts of court opinions, it does explain and discuss a wide variety of leading cases in the effort to explain and elucidate central issues and concepts.

Instructors trying to offer a broad overview of law and politics would find the book useful as part of a collection of readings, in which this work could serve as the introduction to the "formal" view of law, and later or parallel works could take more of a "social science" orientation and fully explore theoretical or empirical challenges to the formal view. The book would be well-suited for this since the chapters are short enough that two could be assigned for one night's reading or one could be interspersed with other material. (On the other hand, since students will have to pay roughly $40.00 for this 340 page paperback, instructors may well face a consumers' revolt if there is much more course material to purchase.)

The book would, I think, be least useful for instructors working from a social science or law and society perspective as is offers relatively little in terms of quantitative or qualitative empirical research on the many forms and permutations of law "in practice". My students and I have our most lively discussions when we work on problems regarding how the vision or model of law as a set of fixed rules collides with the very human, very political reality of law as a lived and constructed element of social practice and culture. That sense of a lived reality is underplayed in this text. There is also minimal attention to the numerous important

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issues surrounding social movements, popular legal consciousness, and law and social change; something which could be done within the framework of the book by including sections on civil rights or environmental law.

In sum, this book would be most useful for an introductory course which seeks to familiarize students with the main outlines of a "law school" approach to the law. I could see it being particularly useful for a sophomore level class that was designed to orient students in a pre-law program. It is especially strong in providing clear and concise explanations of terms and concepts and using hypothetical or actual cases to demonstrate them. Instructors who want to introduce their students to comparativist perspectives, empirical research on law and politics, or critical perspectives on mainstream law will need to supplement this text with another work.

Copyright 1995