Essays in Legal Theory

Essays in Legal Theory

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The essays in this book treat important aspects of most of the major themes in contemporary philosophy of law and legal theory. All reveal the distinctive authenticity of the author's work, for he is not only a reputable legal theorist but an internationally known scholar of private law, and for many years chair of the Bielefelder Kreis, an international group of legal theorists who have jointly authored major works comparing methodologies of statutory interpretation and precedent.
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Product details

  • Hardback | 445 pages
  • 160 x 238.8 x 30.5mm | 816.48g
  • Dordrecht, Netherlands
  • English
  • 2000 ed.
  • XVII, 445 p.
  • 0792363671
  • 9780792363675

Table of contents

Preface. Introduction. Part One: General Theory of Law. 1. H.L.A. Hart's `The Concept of Law'. 2. Rudolf von Jhering's Influence on American Legal Theory. 3. Law as a Type of `Machine' Technology. 4. On Identifying and Reconstructing A General Legal Theory. 5. My Philosophy of Law. Part Two: Form in Law. 6. The Formal Character of Law. 7. A Formal Theory of the Rule of Law. 8. The Formal Character of Law - Statutory Rules. Part Three: Legal Reasoning. 9. Interpreting Statutes and Precedents - Two Comparative Studies. 10. The Argument from Ordinary Meaning in Statutory Interpretation. 11. Interpreting Statues - Should Courts Consider Materials of Legislative History? 12. Formal Legal Truth and Substantive Truth in Judicial Fact-Finding. Part Four: Contract Theory. 13. The Conceptualization of Good Faith in American Contract Law. 14. Substantive Justification in Contract Cases - the Primacy of Rightness Reasons. Part Five: Critique of Economic Analysis of Law. 15. Economics and the Autonomy of Law, Legal Analysis and Legal Theory. 16. Economists' Reasons for Common Law Decisions. Name Index. Subject Index.
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About Robert Summers

William G. McRoberts Research Professor of Law, Cornell Law School, and Arthur L. Goodhart Visiting Professor of Legal Science, Cambridge University, 1991-92. B.S. 1955, University of Oregon; LL.B. 1959, Harvard Law School; Doctor of Laws, Honoris Causa, University of Helsinki, 1990; Doctor of Laws, Honoris Causa, University of Goettingen, 1994
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