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 ... unit may be divided into parts and relations between parts. The main parts of a legislative unit consist of formal features and complementary material and other components, as define...

Ngày tải lên: 09/08/2014, 11:20

... is a formal organiza- tional modality of wide-ranging significance. 16 Systematizing devices are in part formal, and the resulting organized system is a highly complex whole that is formal in a ... 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...

Ngày tải lên: 09/08/2014, 11:20

... (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 ... law, and private autonomous choice must also inform the content and form of law. Societal attitudes of agreement with, accep- tance of, and acquiescence in a system...

Ngày tải lên: 09/08/2014, 11:20

... approach (and that of Kelsen) cannot, as aprimary approach, be as adequate to the foregoing aims as a form- oriented approach. I will now provide a general and systematic statement of major reasons why ... what would be a systematic and comprehensive form- oriented analysis, as schematically and illustratively addressed to a given functional legal unit of an institutional...

Ngày tải lên: 09/08/2014, 11:20

... 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 ... an 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-...

Ngày tải lên: 09/08/2014, 11:20

... 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 ... a large body of privately created law and rights that are valid not merely against prior original contracting parties, but against third parties generally. Again, these ac...

Ngày tải lên: 09/08/2014, 11:20

... 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...

Ngày tải lên: 09/08/2014, 11:20

... all contrary law, statutes generally over all remaining law, ordinary judge-made law generally over most administrative rul- ings, authorized state law mandatory in nature over private contract, ... the allocation of law-making and other author- ity, and beyondunificationandranking of thegeneralcriteria within the systemfor identifying putative law as valid law. The foregoing systematizi...

Ngày tải lên: 09/08/2014, 11:20

... of law generally be clear and determinately applicable, and also provide for priority as between any conflicting valid law; (4) That state-made law, so far as feasible, take the form of general ... A form- oriented approach addresses and underscores in general terms the imprints and other effects of choices of form in functional legal units and in systematizing de...

Ngày tải lên: 09/08/2014, 11:20

... 143 , 145 definition of overall form and, 143 expressional feature and, 146 , 177 formal characterization of, 143 , 144 generality and, 162 granting permissions-liberties, 144 – 145 hortatory language, ... Such a law delimits scope for official arbitrariness in determining the existence of any violation in particular cases, and this, too, serves rationality and legitimacy. Ag...

Ngày tải lên: 09/08/2014, 11:20