Form And Function In A Legal System - A General Study Part 2 pps
Form And Function In A Legal System - A General Study Part 2 pps
... (5) in constructing all other functional legal units, and (6) in integrating and coordinating such units within a duly systematized operational system. Form and the formal in functional legal ... administrative-regulatory, the public-benefit conferring, and theprivate-arranging – integrate, coordinate, andthus systematize various types of legal units in differing way...
Ngày tải lên: 09/08/2014, 11:20
Form And Function In A Legal System - A General Study Part 1 pdf
... implicit in what I have said so far. The overall forms of functional legal units and the overall form of a legal system as a whole are, as Jhering plainly saw, of major theoretical and practical importance. ... book, namely, that the study of overall forms of functional legal units and the overall form of a legal system in its entirety can advance theoretical...
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Form And Function In A Legal System - A General Study Part 3 ppsx
... what would be a systematic and comprehensive form- oriented analysis, as schematically and illustratively addressed to a given functional legal unit of an institutional nature, such as a legislature ... I will also treat the main advantages of this form- oriented approach as the primary means for advancing understanding of functional legal units and for according credit to t...
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Form And Function In A Legal System - A General Study Part 4 potx
... issues, finding the facts relevant to the creation of law, securing fair and full debate, affording fair partic- ipation to the minority party, shaping a deliberative atmosphere, posing mean- ingful ... unforesee- ability of all relevant interests at inception, and on the necessary weighing and bal- ancing of these interests in light of particular facts at point of application, but a...
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Form And Function In A Legal System - A General Study Part 5 ppsx
... scrutinizing,debating, amending, and adopting a statute.Suchdraftingalso facilitates learnability ofthe law andthe pre-emptoriness of those legal reasons for determinate action that arise for addressees ... opinion of an administrative agency creating, developing, or applying agency adjudicative law – an opinion of a court interpreting or filling a gap in the law of an adminis- tra...
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Form And Function In A Legal System - A General Study Part 6 pptx
... completeness, and internal structure, (3) a formal feature of encapsulation, and (4) a formal expressional feature. Again, contrary to the form- skeptic and the law-is-policy reductionist, a statu- tory ... merely against prior original contracting parties, but against third parties generally. Again, these accumulated rights may not only be wide-ranging, but extend far into the f...
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Form And Function In A Legal System - A General Study Part 7 ppt
... for a legal academic to be an advocate of well-designed form and the formal in statutes, and of well-designed form and the formal in an interpretive methodology, without somehow embracing, or at ... statutes are ordinary words in ordinary language. The language in all proposed statutes is in the syntax of ordinary language. Also, the language used in committee study...
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Form And Function In A Legal System - A General Study Part 8 potx
... con- stitutional law generally prevails over all contrary law, statutes generally over all remaining law, ordinary judge-made law generally over most administrative rul- ings, authorized state law mandatory ... duly systematized feature of the legal system comes into being. Law-making and law- applying institutions and entities operating within the same jurisdictional spheres are cent...
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Form And Function In A Legal System - A General Study Part 9 pps
... procedural, or methodological form in law-making institutions and entities can frustrate legal objectives and wreak havoc. section four: choices of preceptual and related forms at the law-making stage In ... throughout Asia. It reached Bangladesh in 1963, India in 1964, and Russia, Iran, and Iraq in 1965. Cholera struck West Africa in 1970. During the 1970s and 198...
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Form And Function In A Legal System - A General Study Part 10 pps
... 45, 22 2 22 3, 23 8 generality and, 21 3, 21 6 21 8, 22 7, 23 7 implementation of law and, 23 6 internal formal structure of, 21 3, 22 7 interpretive methdology and, 23 7 jurisdictional features and, 21 4 law-is-policy ... of, 22 3 22 4 non-preceptual species of law and, 38 one-shot v. relational, 22 7 parole evidence rule, 22 6 prima facie validity, 21 9, 22 3, 22 8 23...
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