Prescriptive Formality and Normative Rationality in Modern Legal Systems

»Festschrift« for Robert S. Summers

1994. Frontispiz; XXX, 705 S.
Available as
179,90 €
ISBN 978-3-428-07895-0
161,90 €
ISBN 978-3-428-47895-8
Price for libraries: 208,00 € [?]


Robert S. Summers is the William G. McRoberts Professor of Research in the Administration of the Law at Cornell University, Ithaca, New York. During a long and distinguished academic career, he has won an international reputation for his work in legal theory and in contract and commercial law. He has published widely in all three fields, and has taught and lectured throughout Europe, the United Kingdom, Australia, and New Zealand. In 1990, he was awarded an honorary doctorate by the University of Helsinki, in 1994, by the University of Göttingen. Over the past few years, Summers has turned his attention to a general theory of the nature, varieties, and significance of form and formality in modern legal systems. This Festschrift, in celebration of Robert S. Summers on his sixtieth birthday, contains contributions from 44 friends and colleagues from a dozen different countries.


Inhalt: A. Aarnio, Is Legal Science a Social Science? - J. Bell, Comparative Law and Legal Theory - T. Eckhoff, Legal Principles - W. Krawietz, Dual Concept of the Legal System? The Formal Character of Law from the Perspective of Institutional and Social Systems Theory - N. MacCormick, Four Quadrants of Jurisprudence - A. Peczenik, Unity of the Legal System - M. Samu, Adequacy of Societal Norm-Systems. The Issues of Modern ius et non-ius - R. Alexy, A Definition of Law - R. Dreier, Some Remarks on the Concept of Law - K. Greenawalt, Legal Reasoning and Personal Convictions - S. Harwood, Conceptually Necessary Links between Law and Morality - E. M. Jensen, Pragmatic Instrumentalism and the Future of American Legal Education - E. Pattaro, Ethical Aspects of the Concept of Legal Standard - H. Rottleuthner, Was it a Legal Order? - O. Behrends, Formality and Substance in Classical Roman Law - J. Evans, Aristotle's Theory of Equity - H. Hausmaninger, Publius Iuventius Celsus. The Profile of a Classical Roman Jurist - R. H. Helmholz, Legal Formalism, Substantive Policy, and the Creation of a Canon Law of Prescription - J. R. Lucas, The Lay-out of Arguments - F. Wieacker, Historical Models for the Unification of European Law - J. J. Barceló III, Countervailing against Environmental Subsidies - R. A. Hillman, Good Faith Performance of Contracts in Late Twentieth-Century American Law - J. Hruschka, On the History of Justification and Excuse in Cases of Necessity - L. C. Kirkpatrick, Form and Substance in American Criminal Law: The Constitutionalization of Proof Burdens - R. K. Osgood, Robert S. Summers and Legal Process at Cornell - J. Prebble, Ectopia, Formalism, and Anti-Avoidance Rules in Income Tax Law - M. Taruffo, Involvement and Detachment in the Presentation of Evidence - J. J. White, The Influence of American Legal Realism on Article 2 of the Uniform Commercial Code - D. T. Coenen, The Curious Role of Interpretive Formality in American Constitutional Law - R. Fentiman, Legal Reasoning in the Conflict of Laws: An Essay in Law and Practice - P.-C. Müller-Graff, The European Internal Market and the Law - S. L. Paulson, Kelsen and the Marburg School: Reconstructive and Historical Perspectives - C. Varga, The Context of the Judicial Application of Norms - D. Wyduckel, The Significance of History for Legal Philosophy and Positive Law - R. C. Cramton, Publicly-Funded Civil Legal Assistance for Poor People in the United States - E. Garzón Valdés, Constitution and Stability in Latin America - A. Kaufmann, The Small-Coin Right of Resistance. An Admonition to Civil Courage - G. Marshall, The Future of Constitutional Free Speech - M. Troper, The Interpretation of the Declaration of Human Rights by a Constitutional Judge - T. D. Campbell, Legal Change and Legal Theory: The Context for a Revised Legal Positivism - J. Hellner, Normative Rationality de lege ferenda and de lege lata - M. La Torre, Formalism and Anti-Formalism in Modern Law; State Law and Beyond - V. Petev, Is Contemporary Law Post-Modern? - O. Weinberger, Formalism and Anti-Formalism. Reconsidering an Important Dispute in Jurisprudence

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