The Science of Law and Lawmaking explains how law grows, and why codifying it may misrepresent the living practice of justice.
This book surveys the difference between written statutes and judge-made law, showing how each writes the rules that govern behavior. It argues that codification of case law is a theoretical goal that clashes with how real-world reasoning and decision making actually work in courts.
- Learn how statutes and case law differ in form and substance
- See why language and context matter more in legal interpretation than the words alone
- Discover how legal rules develop from concrete cases to general principles
- Explore the limits and risks of moving from court-made guidance to a single formal code
Ideal for readers of legal theory, students, and practitioners seeking a clear view of how law evolves and why codification remains controversial.
"synopsis" may belong to another edition of this title.
Excerpt from The Science of Law and Lawmaking, Being an Introduction to Law: A General View of Its Forms and Substance, and a Discussion of the Question of Codification
Second: To remove the discussion of the Code Question from the generalities in which it has always been obscured to the contemplation of the practical working of the two systems in concrete instances (see Chapters V and VI.
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Seller: Forgotten Books, London, United Kingdom
Paperback. Condition: New. Print on Demand. This compelling book provides an accessible lens through which to examine the truths, complexities, and profound ideas contained within the justice systems that govern our daily lives. It endeavors to simplify often-difficult legal concepts. Through a comparison of code and case law, the author underscores the fundamental differences between these two forms of legal expression in order to reveal their respective strengths and limitations. The book is scholarly yet accessible, providing ample concrete examples to drive home essential points. Of great value to the layperson seeking an understanding of the fundamental truths of the legal system and to those with an interest in the ongoing debate over codification, this book illuminates the organic relationship between law and society, powerfully demonstrating how the subtleties of legal expression shape the ways in which we interact with our laws. This book is a reproduction of an important historical work, digitally reconstructed using state-of-the-art technology to preserve the original format. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in the book. print-on-demand item. Seller Inventory # 9781330602539_0
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PAP. Condition: New. New Book. Shipped from UK. Established seller since 2000. Seller Inventory # LW-9781330602539
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PAP. Condition: New. New Book. Shipped from UK. Established seller since 2000. Seller Inventory # LW-9781330602539
Quantity: 15 available
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Condition: Hervorragend. Zustand: Hervorragend | Seiten: 498 | Sprache: Englisch | Produktart: Bücher | Keine Beschreibung verfügbar. Seller Inventory # 25843386/1