基本信息·出版社：Cambridge University Press ·页码：420 页 ·出版日期：2005年11月 ·ISBN：0521857651 ·条形码：9780521857659 ·装帧：精装 ·外 ...
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Form and Function in a Legal System: A General Study |
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Form and Function in a Legal System: A General Study |
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基本信息·出版社：Cambridge University Press
·页码：420 页
·出版日期：2005年11月
·ISBN：0521857651
·条形码：9780521857659
·装帧：精装
·外文书名：法律体系的形式与作用
内容简介 在线阅读本书
This book addresses three major questions about law and legal systems: (1) What are the defining and organizing forms of legal institutions, legal rules, interpretive methodologies, and other legal phenomena? (2) How does frontal and systematic focus on these forms advance understanding of such phenomena? (3) What credit should the functions of forms have when such phenomena serve policy and related purposes, rule of law values, and fundamental political values such as democracy, liberty, and justice? This is the first book that seeks to offer general answers to these questions and thus gives form in the law its due. The answers not only provide articulate conversancy with the subject but also reveal insights into the nature of law itself, the oldest and foremost problem in legal theory and allied subjects.
作者简介 Robert S. Summers is the William G. McRoberts Research Professor in the Administration of Law at Cornell Law School. He has won international acclaim for his work in contracts and commercial law and authored and coauthored multiple works on contracts, commercial law, jurisprudence and legal theory. His treatise on the Uniform Commercial Code, coauthored with James White, is the most widely cited on the subject. Professor Summers has served as official advisor both to the Drafting Commission for Russian Civil Code and to the Drafting Commission for Egyptian Civil Code. He lectures annually on jurisprudence and legal theory in Britain, Scandinavia, and Europe.
媒体推荐 书评
Review "The author''s form-oriented approach to legal phenomena breaks important new ground in jurisprudence and legal theory. It adds a wealth of valuable insights into the way legal phenomena work that are left out of a rule-oriented approach."
Philip Soper, Campbell Professor of Law, University of Michigan
“The quest for a modern explicit theory combining legal formality with substantive justice and other ends is a most rewarding venture, as the author here demonstrates.”
Okko Behrends, Professor of Law, University of Göttingen, Germany
“It has for too long been considered bad form to speak well of form and formality in law. Professor Summers’ fascinating book challenges long held assumptions and casts a bright light on neglected issues in jurisprudence - a masterpiece.”
Sir Neil MacCormick QC, Regius Professor of Public Law, University of Edinburgh, Scotland
“Professor Robert Summers has been a significant figure in analytical legal philosophy for many years. Over the last three decades, he has written a number of articles, and in some of the most prominent law journals, on the form-centered approach to legal theory that is given a detailed elaboration in this book. Many readers will welcome a book-length reconsideration and elaboration of themes Professor Summers has been discussing throughout his long career.”
Brian Bix, F.W. Thomas Professor of Law and Philosophy, University of Minnesota
编辑推荐 Review "The author's form-oriented approach to legal phenomena breaks important new ground in jurisprudence and legal theory. It adds a wealth of valuable insights into the way legal phenomena work that are left out of a rule-oriented approach."
Philip Soper, Campbell Professor of Law, University of Michigan
“The quest for a modern explicit theory combining legal formality with substantive justice and other ends is a most rewarding venture, as the author here demonstrates.”
Okko Behrends, Professor of Law, University of Göttingen, Germany
“It has for too long been considered bad form to speak well of form and formality in law. Professor Summers' fascinating book challenges long held assumptions and casts a bright light on neglected issues in jurisprudence - a masterpiece.”
Sir Neil MacCormick QC, Regius Professor of Public Law, University of Edinburgh, Scotland
“Professor Robert Summers has been a significant figure in analytical legal philosophy for many years. Over the last three decades, he has written a number of articles, and in some of the most prominent law journals, on the form-centered approach to legal theory that is given a detailed elaboration in this book. Many readers will welcome a book-length reconsideration and elaboration of themes Professor Summers has been discussing throughout his long career.”
Brian Bix, F.W. Thomas Professor of Law and Philosophy, University of Minnesota
