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 ... Pursuant to, and within this overall form and these formal criteria, the parties make various choices of contractual form and complementary content. In the end, f...
Ngày tải lên: 09/08/2014, 11:20
... 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. Study ... administrative-regulatory, and public-benefit conferring techniques. Each technique is a formal organiza- tional modality of wide-ranging significance. 16 Systematizing device...
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 ... 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 3 ppsx
... instrumental capacity. Legislative form may be manifest in a variety of ways: in institutional “blueprints,” inactivities of institutional participants as duly organized, in accepted standards for evaluating ... the study of functional legal units that I deploy in this book. I will also treat the main advantages of this form- oriented approach as the primary means for advanci...
Ngày tải lên: 09/08/2014, 11:20
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...
Ngày tải lên: 09/08/2014, 11:20
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 ... official – 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...
Ngày tải lên: 09/08/2014, 11:20
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...
Ngày tải lên: 09/08/2014, 11:20
Form And Function In A Legal System - A General Study Part 8 potx
... the allocation of law-making and other author- ity, and beyondunificationandranking of thegeneralcriteria within the systemfor identifying putative law as valid law. The foregoing systematizing ... 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 centralized a...
Ngày tải lên: 09/08/2014, 11:20
Form And Function In A Legal System - A General Study Part 9 pps
... throughout Asia. It reached Bangladesh in 1 963 , India in 1 964 , and Russia, Iran, and Iraq in 1 965 . Cholera struck West Africa in 1970. During the 1970s and 1980s, major outbreaks occurred in the Far East ... procedural, or methodological form in law-making institutions and entities can frustrate legal objectives and wreak havoc. section four: choices of precept...
Ngày tải lên: 09/08/2014, 11:20
Form And Function In A Legal System - A General Study Part 10 pps
... 177 democracy and, 362 encapsulatory feature and, 179 evaluation of, 178–179 formal characterization of, 1 76 177 general description of, 1 76 generality and, 177 law-making stage and, 369 legislative ... possible addressees, and on the language appropriate to name these addressees. For example, the addressees of a given water quality law inhabiting a watershed area that drains...
Ngày tải lên: 09/08/2014, 11:20