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Spencer Bower and Handley: Res Judicata

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Lord Denning: Life, Law and Legacy



  


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The Principles of Social Order Rev. ed


ISBN13: 9781841132341
ISBN: 1841132349
Published: February 2002
Publisher: Hart Publishing
Format: Paperback
Price: £69.99



Lon Fuller coined the term ""eunomics"" for ""the study of good order and workable social arrangements."" The essays in this volume - representing most of the work of his mature years - are his ""exercises in eunomics."" They are studies of the principal forms of legal order, including contract, adjudication, mediation, legislation, and administration. In addition, the volume includes several essays on legal education and the ethics of lawyering. Fuller thought of lawyers as ""architects of social structure,"" that is, creators and managers of the various forms of legal order. These responsibilities require close attention to problems of institutional design, in which the concern is with ends as well as means. Accordingly, Fuller believed that legal education should shift from the analysis of appellate court cases to a problem-solving orientation, attending to the conditions for ""orderly, fair, and decent"" governance. In a lecture on freedom published for the first time in this edition, Fuller develops the idea that the forms of legal order are the diverse vehicles by which freedom is effectively exercised in society.

Contents:
Part 1 Eunomics - the theory of good order and workable social arrangements: means and ends.
Part 2 The principles and forms of social order: two principles of human association; the forms and limits of adjudication; mediation - its forms and functions; the implicit laws of lawmaking; the role of contract in the ordering processes of society generally; irrigation and tyranny; human interaction and the law.
Part 3 Legal philosophy, legal education and the practice of law: the needs of American legal philosophy; the lawyer as an architect of social structures; on legal education; philosophy for the practising lawyer; the case against freedom; appendix.