Form And Function In A Legal System - A General Study Part 9 pps

... throughout Asia. It reached Bangladesh in 196 3, India in 196 4, and Russia, Iran, and Iraq in 196 5. Cholera struck West Africa in 197 0. During the 197 0s and 198 0s, major outbreaks occurred in the Far East ... to confront and cross-examine prosecuting witnesses at trial. As the foregoing examples indicate, although the combination, integration, and coordination of func...

Ngày tải lên: 09/08/2014, 11:20

... 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. ... administrative-regulatory, and public-benefit conferring techniques. Each technique is a formal organiza- tional modality of wide-ranging significance. 16 Systemati...

Ngày tải lên: 09/08/2014, 11:20

... vol. 6, at form I.13; id., vol. 6, at “formal” A. 3 .a. 23 P. Atiyah and R. Summers, Form and Substance in Anglo-American Law: A Comparative Study of Legal Reasoning, Legal Theory, and Legal Institutions ... (5) in constructing all other functional legal units, and (6) in integrating and coordinating such units within a duly systematized operational system....

Ngày tải lên: 09/08/2014, 11:20

... 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

... 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 ... treatments are F. Schauer, Playing by the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and in Life (Clarendon Press, Oxford, 199 1) and L. Alexander a...

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 ... 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

... 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

... 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 in nature ... the allocation of law-making and other author- ity, and beyondunificationandranking of thegeneralcriteria within the systemfor identifying putative law as valid law. The foregoing systematiz...

Ngày tải lên: 09/08/2014, 11:20

... 177 democracy and, 362 encapsulatory feature and, 1 79 evaluation of, 178–1 79 formal characterization of, 176–177 general description of, 176 generality and, 177 law-making stage and, 3 69 legislative ... well-designed form at such prior stages as the law-making stage and the promulgating stage anticipates the law-applying stage. Choices of form have major cumulative effects a...

Ngày tải lên: 09/08/2014, 11:20