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Form and Function in a Legal System - A General Study (Hardcover, New)
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Form and Function in a Legal System - A General Study (Hardcover, New)
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This book addresses three major questions about law and legal
systems: (1) What are the defining and organizing forms of legal
institutions, legal rules, interpretive 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 is the first
book that 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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