Robert S. Summers

Form and Function in a Legal System (eBook, PDF)

A General Study

• Format: PDF

Produktbeschreibung

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.

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Produktdetails

• Verlag: Cambridge University Press
• Erscheinungstermin: 14. November 2005
• Englisch
• ISBN-13: 9780511138379
• Artikelnr.: 38197531

Autorenporträt

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.

Inhaltsangabe

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.