... 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 ... Pursuant to, and within this overall form and these formal criteria, the
parties make various choices of contractual form and complementary content. In
the end, f...
... 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. Study ... administrative-regulatory,
and public-benefit conferring techniques. Each technique is a formal organiza-
tional modality of wide-ranging significance.
16
Systematizing device...
... (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...
... instrumental capacity. Legislative form may be manifest in a variety
of ways: in institutional “blueprints,” inactivities of institutional participants as
duly organized, in accepted standards for evaluating ... the study of functional legal units that I deploy in
this book. I will also treat the main advantages of this form- oriented approach as
the primary means for advanci...
... 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 ... official
– an 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...
... 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...
... the allocation of law-making and other author-
ity, and beyondunificationandranking of thegeneralcriteria within the systemfor
identifying putative law as valid law. The foregoing systematizing ... 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 centralized a...
... throughout
Asia. It reached Bangladesh in 1 963 , India in 1 964 , and Russia, Iran, and Iraq in
1 965 . Cholera struck West Africa in 1970. During the 1970s and 1980s, major
outbreaks occurred in the Far East ... procedural, or methodological form in law-making institutions
and entities can frustrate legal objectives and wreak havoc.
section four: choices of precept...
... 177
democracy and, 362
encapsulatory feature and, 179
evaluation of, 178–179
formal characterization of, 1 76 177
general description of, 1 76
generality and, 177
law-making stage and, 369
legislative ... possible addressees, and on
the language appropriate to name these addressees. For example, the addressees
of a given water quality law inhabiting a watershed area that drains...