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  3. Form and Function in a Legal System
  • Cited by 10
Publisher:
Cambridge University Press
Online publication date:
July 2009
Print publication year:
2005
Online ISBN:
9780511511066
DOI:
https://doi.org/10.1017/CBO9780511511066
Subjects:
Law: General Interest, Law, Jurisprudence
Information

Book 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

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.'

Source: The Cambridge Law Journal

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