Form and function in a legal system : a general study / Robert S. Summers.

Format:

Book

Author/Creator:

Summers, Robert S., author.

Language:

English

Subjects (All):

Law--Philosophy.

Law.

Law--Methodology.

Physical Description:

1 online resource (xvi, 404 pages) : digital, PDF file(s)

Other Title:

Form & Function in a Legal System

Place of Publication:

Cambridge : Cambridge University Press, 2006.

System Details:

text file

PDF

Summary:

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.

Contents:

Introduction

Basic concepts and definitions

A general approach

Forms of institutions-legislative

Forms of precepts-rules

Form and content within a rule- continued

Forms of nonpreceptual law-contracts and related property interests

Forms of legal methodologies-statutory interpretation

Forms of sanctions and remedies

The overall form of a legal system as a whole

Cumulative and synergistic effects of legal forms-a schematic practical application.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9780511511066

Access Restriction:

Restricted for use by site license.