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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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Form and Function in a Legal System: A General Study

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ISBN13: 9780521857659
ISBN: 0521857651
Published: February 2006
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £82.00
Paperback edition , ISBN13 9780521123884

Despatched in 8 to 10 days.

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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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 non-preceptual 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.