The Jurisprudence of Law's Form and Substance
- ISBN-10
- 1138700320
- ISBN-13
- 9781138700321
- Category
- Forms (Law)
- Pages
- 326
- Language
- English
- Published
- 2017-11-30
- Author
- Robert S. Summers
Description
Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Table of Contents -- Series Editor's Preface -- Preface -- Dedication -- Introduction -- 1 The New Analytical Jurists -- I: INTRODUCTION -- II: SCOPE OF THE NEW ANALYTICAL JURISPRUDENCE -- A. Analysis of the Conceptual Status Quo -- B. Construction of a Conceptual Framework or Schema -- C. Rational Justification -- D. Purposive Implication -- III: METHODOLOGY OF THE NEW ANALYTICAL JURISTS -- IV: DOCTRINAL COMMITMENT AND POSITIVISTIC BIAS -- V: PRACTICAL UTILITY OF THE NEW ANALYTICAL JURISPRUDENCE -- 2 How Law is Formal and Why it Matters -- I: HOW LAW IS FORMAL -- II: WHY APPROPRIATE FORM MATTERS SOME -- III: WHY APPROPRIATE FROM MATTERS SOME FURTHER PRACTICAL IMPLICATIONS -- CONCLUSION -- 3 Evaluation and Improving Legal Processes - A Plea for 'Process Values' -- I: INTRODUTION -- II: LEGAL PROCESSES AS SEPARATE OBJECTS OF EVELUATION DISTINCT FROM RELATED PHENOMENA -- III: STANDARDS FOR EVELUATING LEGAL PROCESSES -- IV: STANDARDS FOR EVALUATING LEGAL PROCESSES -- V: THE MONUSE AND MISUSE OF PROCESS VALUES IN ACTUAL PRACTICE -- VI: IMPLEMENTING PROCESS VALUES THROUGH LAW -- 4 Two Types of Substantive Reasons: the core of a Theory of Common - Law Justification -- I: THE VARIETY OF GOOD REASONS -- II: THE COMPLEXITY OF JUSTIFICATORY STRUCTURES -- III: THE PRIMACY OF SUBATANTIVE REASONS -- IV: CONSTRUCTION, EVALUSTION, AND LEGITIMACY OF GOAL REASONS -- 5 Good Faith in General Contract Law - A Philosophical Approach -- I: INTRODUTION -- II: NATURE OF ACTING IN GOOD FAITH -- III: SCOPE OF OBLIGATIONS TO ACT IN GOOD FAITH -- Supplemental Citations -- Name Index
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