Book contents
- Frontmatter
- Contents
- Preface
- Acknowledgments
- PART ONE INTRODUCTION, BASIC CONCEPTS AND DEFINITIONS, AND A GENERAL APPROACH
- PART TWO THE FORMS OF FUNCTIONAL LEGAL UNITS
- 4 Forms of Institutions – Legislative
- 5 Forms of Precepts – Rules
- 6 Form and Content within a Rule – Continued
- 7 Forms of Nonpreceptual Law – Contracts and Related Property Interests
- 8 Forms of Legal Methodologies – Statutory Interpretation
- 9 Forms of Sanctions and Remedies
- PART THREE THE OVERALL FORM OF A LEGAL SYSTEM AND ITS OPERATION
- Name Index
- Subject Index
4 - Forms of Institutions – Legislative
Published online by Cambridge University Press: 29 July 2009
- Frontmatter
- Contents
- Preface
- Acknowledgments
- PART ONE INTRODUCTION, BASIC CONCEPTS AND DEFINITIONS, AND A GENERAL APPROACH
- PART TWO THE FORMS OF FUNCTIONAL LEGAL UNITS
- 4 Forms of Institutions – Legislative
- 5 Forms of Precepts – Rules
- 6 Form and Content within a Rule – Continued
- 7 Forms of Nonpreceptual Law – Contracts and Related Property Interests
- 8 Forms of Legal Methodologies – Statutory Interpretation
- 9 Forms of Sanctions and Remedies
- PART THREE THE OVERALL FORM OF A LEGAL SYSTEM AND ITS OPERATION
- Name Index
- Subject Index
Summary
“[T]here must be some sort of organization for making the laws. It cannot just be left to a large public meeting.”
– K. C. WheareINTRODUCTION
In this and in the next five chapters, we will systematically concentrate on a selection of paradigms of functional legal units in developed Western legal systems. One general type of unit is institutional, and includes: legislatures, courts, administrative agencies, other entities such as state corporations, and special bodies that administer sanctions, and deploy other enforcive devices. To demonstrate how it is possible to advance understanding of legal institutions through the study of their overall forms and the imprints and other effects of these forms and to reveal the types of credit that may be due such forms when well-designed, we will illustratively analyze the overall form of a single major variety of institution – that of the centralized legislature with substantial nationwide jurisdiction. Although the analysis that follows is addressed generally to an abstract paradigm of centralized legislatures in developed Western systems and although there are variations in how these legislatures converge on this paradigm, the analysis here can be readily applied, by extrapolation, to particular legislative institutions in these systems. The analysis can also be readily applied, mutatis mutandis to courts, administrative agencies, and still other institutions. Much of what may already be familiar will be presented anew here in the idiom of form and formal.
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- Form and Function in a Legal SystemA General Study, pp. 91 - 135Publisher: Cambridge University PressPrint publication year: 2005