Form And Function In A Legal System - A General Study Part 8 potx
Form And Function In A Legal System - A General Study Part 8 potx
... 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
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. ... writing this book, namely, that the study of overall forms of functional legal units and the overall form of a legal system in its entirety can advanc...
Ngày tải lên: 09/08/2014, 11:20
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...
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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...
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...
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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 ... 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...
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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 ... 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
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 9 pps
... Bangladesh in 1963, India in 1964, and Russia, Iran, and Iraq in 1965. Cholera struck West Africa in 1970. During the 1970s and 1 980 s, major outbreaks occurred in the Far East and in South America. ... 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...
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Form And Function In A Legal System - A General Study Part 10 pps
... 177 definiteness and, 177 democracy and, 362 encapsulatory feature and, 179 evaluation of, 1 78 179 formal characterization of, 176–177 general description of, 176 generality and, 177 law-making stage and, ... has so far been said about the roles of well-designed form at such prior stages as the law-making stage and the promulgating stage anticipates the law-applying stage. Choices...
Ngày tải lên: 09/08/2014, 11:20