... (5) in constructing all other functional legal units, and (6) in
integrating and coordinating such units within a duly systematized operational
system. Form and the formal in functional legal ... administrative-regulatory, the public-benefit
conferring, and theprivate-arranging – integrate, coordinate, andthus systematize
various types of legal units in differing way...
... 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. ... book, namely, that
the study of overall forms of functional legal units and the overall form of a
legal system in its entirety can advance theoretical...
... what would be a systematic and comprehensive
form- oriented analysis, as schematically and illustratively addressed to a given
functional legal unit of an institutional nature, such as a legislature ... I will also treat the main advantages of this form- oriented approach as
the primary means for advancing understanding of functional legal units and for
according credit to t...
... 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 ... unforesee-
ability of all relevant interests at inception, and on the necessary weighing and bal-
ancing of these interests in light of particular facts at point of application, but a...
... 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 ... 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 adminis-
tra...
... 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 ... merely against prior original contracting parties, but
against third parties generally. Again, these accumulated rights may not only be
wide-ranging, but extend far into the f...
... 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...
... con-
stitutional law 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 ... duly
systematized feature of the legal system comes into being. Law-making and law-
applying institutions and entities operating within the same jurisdictional spheres
are cent...
... procedural, or methodological form in law-making institutions
and entities can frustrate legal objectives and wreak havoc.
section four: choices of preceptual and related forms
at the law-making stage
In ... throughout
Asia. It reached Bangladesh in 1963, India in 1964, and Russia, Iran, and Iraq in
1965. Cholera struck West Africa in 1970. During the 1970s and 198...