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Synopsis
This book addresses three major questions about law and legal systems: (1) What are the defining and organizing forms of legal institutions, legal rules, interpretive methodologies, and other legal phenomena? (2) How does frontal and systematic focus on these forms advance understanding of such phenomena? (3) What credit should the functions of forms have when such phenomena serve policy and related purposes, rule of law values, and fundamental political values such as democracy, liberty, and justice? The answers not only provide articulate conversancy with the subject but also reveal insights into the nature of law itself, as well as allied subjects.
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Book Description
Focusing on legal structures as they developed in Western societies, "Form and Function in a Legal System" looks at four paradigms of the forms of a varied selection of functional legal units: legislatures and courts, statutory rules, contracts and property, legal methodologies for interpreting law, and enforcive devices such as sanctions and remedies. In contrast to the rules-based analysis made prominent by legal thinkers such as H. L. A. Hart and Hans Kelsen, the form-oriented analysis provides a new and intellectually stimulating understanding on how law can be conceptually approached.
About the Author
Robert S. Summers is the William G. McRoberts Research Professor in the Administration of Law at Cornell Law School. He has won international acclaim for his work in contracts and commercial law and authored and coauthored multiple works on contracts, commercial law, jurisprudence and legal theory. His treatise on the Uniform Commercial Code, coauthored with James White, is the most widely cited on the subject. Professor Summers has served as official advisor both to the Drafting Commission for Russian Civil Code and to the Drafting Commission for Egyptian Civil Code. He lectures annually on jurisprudence and legal theory in Britain, Scandinavia, and Europe.
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- PublisherCambridge University Press
- Publication date2005
- ISBN 10 0521857651
- ISBN 13 9780521857659
- BindingHardcover
- LanguageEnglish
- Number of pages422
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Form and Function in a Legal System: A General Study
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Form and Function in a Legal System: A General Study
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Form and Function in a Legal System (Hardcover)
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Hardcover. Condition: new. Hardcover. This book addresses three major questions about law and legal systems: (1) What are the defining and organising forms of legal institutions, legal rules, interpretative methodologies, and other legal phenomena? (2) How does frontal and systematic focus on these forms advance understanding of such phenomena? (3) What credit should the functions of forms have when such phenomena serve policy and related purposes, rule of law values, and fundamental political values such as democracy, liberty, and justice? This book seeks to 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. Focusing on legal structures as they developed in Western societies, this book looks at four paradigms of the forms of a varied selection of functional legal units: legislatures and courts, statutory rules, contracts and property, legal methodologies for interpreting law, and enforcive devices such as sanctions and remedies. Shipping may be from multiple locations in the US or from the UK, depending on stock availability. Seller Inventory # 9780521857659
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Form and Function in a Legal System: A General Study
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Gebunden. Condition: New. Dieser Artikel ist ein Print on Demand Artikel und wird nach Ihrer Bestellung fuer Sie gedruckt. Focusing on legal structures as they developed in Western societies, this book looks at four paradigms of the forms of a varied selection of functional legal units: legislatures and courts, statutory rules, contracts and property, legal methodologies for in. Seller Inventory # 446950840
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