Essays in Legal Theory by Robert Summers (PDF)

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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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