Form and Function in a Legal System
A General Study
1st Edition
Published on 6. February 2006
978-0-511-13837-9 (ISBN)
Description
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.
Reviews / Votes
Review of the hardback: 'The authors rich and multi-layered pictures of various first-level legal phenomena will be of immense important to all theorists working within those specific fields. For policy-makers alone this book is a must.' The Cambridge Law JournalMore details
Language
English
Place of publication
Cambridge
United Kingdom
Publishing group
Cambridge University Press
Target group
Professional and scholarly
Illustrations
Worked examples or Exercises
File size
4,30 MB
ISBN-13
978-0-511-13837-9 (9780511138379)
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Schweitzer Classification
Other editions
Additional editions
Book
12/2009
Cambridge University Press
€64.20
Shipment within 15-20 days
Book
11/2005
Cambridge University Press
€143.30
Shipment within 15-20 days
Person
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.
Content
Part I. Introduction, Basic Concepts, Definitions, and General Approach: 1. Introduction; 2. Basic concepts and definitions; 3. General approach; Part II. The Forms of Discrete Legal Phenomena: 4. Forms of institutions - legislative; 5. Forms of precepts - rules; 6. Form and content within a rule - continued; 7. Forms of nonpreceptual law - contracts and related property interests; 8. Forms of legal methodologies - statutory interpretation; 9. Forms of sanctions and remedies; Part III. The Form of a Legal System and its Operation: 10. The basic form of a legal system as a whole; 11. Cumulative and synergistic effects of legal forms - a schematic practical application.
