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Vol 21 No 11 Nov/Dec 2016

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Essays in Legal Theory

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Robert S. SummersWilliam G. McRoberts Research Professor of Law, Cornell Law School, Ithaca, New York, USA

ISBN13: 9780792363675
ISBN: 0792363671
Published: June 2002
Publisher: Kluwer Law International
Format: Hardback
Price: Out of print



The essays in this book treat important aspects of most of the major themes in contemporary philosophy of law and legal theory. Many of the essays are relatively original. All reveal the distinctive authenticity of the author's work, for he is not only a reputable legal theorist but an internationally known scholar of private law, and for many years chair of the Bielefelder Kreis, an international group of legal theorists who have jointly authored major works comparing methodologies of statutory interpretation and precedent.

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Contents:
Preface. Introduction. Part One: General Theory of Law.
1. H.L.A. Hart's `The Concept of Law'.
2. Rudolf von Jhering's Influence on American Legal Theory.
3. Law as a Type of `Machine' Technology.
4. On Identifying and Reconstructing A General Legal Theory.
5. My Philosophy of Law. Part Two: Form in Law.
6. The Formal Character of Law.
7. A Formal Theory of the Rule of Law.
8. The Formal Character of Law -- Statutory Rules. Part Three: Legal Reasoning.
9. Interpreting Statutes and Precedents -- Two Comparative Studies.
10. The Argument from Ordinary Meaning in Statutory Interpretation.
11. Interpreting Statues -- Should Courts Consider Materials of Legislative History? 12. Formal Legal Truth and Substantive Truth in Judicial Fact-Finding. Part Four: Contract Theory.
13. The Conceptualization of Good Faith in American Contract Law.
14. Substantive Justification in Contract Cases -- the Primacy of Rightness Reasons. Part Five: Critique of Economic Analysis of Law.
15. Economics and the Autonomy of Law, Legal Analysis and Legal Theory.
16. Economists' Reasons for Common Law Decisions. Name Index. Subject Index.