Form and Function in a Legal System: A General Study

Form and Function in a Legal System: A General Study

by Robert S. Summers
     
 

ISBN-10: 0521123887

ISBN-13: 9780521123884

Pub. Date: 01/07/2010

Publisher: Cambridge University Press

This book addresses three major questions about law and legal systems:

What are the defining and organizing forms of legal institutions, legal rules, interpretive methodologies, and other legal phenomena?

How does frontal and systematic focus on these forms advance understanding of such phenomena?

What credit should the functions of forms have when such

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Overview

This book addresses three major questions about law and legal systems:

What are the defining and organizing forms of legal institutions, legal rules, interpretive methodologies, and other legal phenomena?

How does frontal and systematic focus on these forms advance understanding of such phenomena?

What credit should the functions of forms have when such phenomena serve policy and related purposes, rule of law values, and fundamental political and related purposes, rule of law values, and fundamental political values, such as democracy, liberty, and justice?

This book seeks of offer general answers to these questions and thus gives form in the law its due. The answers not only provide articulate conversancy with the subject, but also reveal insights into the nature of law itself, the oldest and foremost problem in legal theory and allied subjects.

Product Details

ISBN-13:
9780521123884
Publisher:
Cambridge University Press
Publication date:
01/07/2010
Edition description:
New Edition
Pages:
424
Product dimensions:
5.90(w) x 9.00(h) x 1.00(d)

Table of Contents

1Introduction3
2Basic concepts and definitions37
3A general approach64
4Forms of institution - legislative91
5Forms of precepts - rules136
6Form and content within a rule - continued182
7Forms of Nonpreceptual law - contracts and related property interests211
8Form of legal methodologies - statutory interpretation241
9Forms of sanctions and remedies283
10The overall form of a legal system as a whole305
11Cumulative and synergistic effects of legal forms - a schematic practical application351

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