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Form and Function in a Legal System

A General Study

Robert S Summers author

Format:Hardback

Publisher:Cambridge University Press

Published:14th Nov '05

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Form and Function in a Legal System cover

This book provides a systematic analysis of the concept of form in legal systems.

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.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.

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 Journal

ISBN: 9780521857659

Dimensions: 229mm x 152mm x 27mm

Weight: 790g

422 pages