By Robert S. Summers
This booklet addresses 3 significant questions on legislation and criminal platforms: (1) What are the defining and organizing varieties of criminal associations, felony ideas, interpretive methodologies, and different felony phenomena? (2) How does frontal and systematic specialise in those types improve realizing of such phenomena? (3) What credits may still the capabilities of kinds have whilst such phenomena serve coverage and comparable reasons, rule of legislation values, and primary political values resembling democracy, liberty, and justice? The solutions not just supply articulate conversancy with the topic but in addition display insights into the character of legislations itself, in addition to allied topics.
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29 25 26 27 28 29 I am indebted to Philip Soper here. R. Jhering, supra n. 2, Geist, vol. 2, at 478. He stressed purpose in law throughout his book Law As a Means to an End. R. Jhering, supra n. 2. The German title of this book is more faithful to its contents: R. ” See generally R. Summers, “Rudolf von Jhering’s Influence on American Legal Theory – A Selective Account,” in Jherings Rechtsdenken: Theorie und Pragmatik im Dienste evolution¨arer Rechtsethik (O. , Vandenhoeck & Ruprecht, G¨ottingen, 1996).
See generally S. Waddams, Dimensions of Private Law, 2 (Cambridge University Press, Cambridge, 2003). , E. Ehrlich, Freierechtsfinding und Freierechtswissenschaft (L. Hirschfeld, Leipzig, 1903); H. Kantorowicz, Der Kampf um die Rechtswissenschaft (C. Winter’s Buchhandlung, Heidelberg, 1906); see also O. Behrends, “Von der Freierechtsschule zum konkreten Ordnungsdenken,” in Recht und Justiz im Dritten Reich, 34–80 (R. Dreier and W. , Surhkamp, Frankfurt am Main, 1989). See R. Jhering, books cited supra n.
Kennedy, supra n. 20. P1: JZP 0521857651c01 30 CB966B/Summers 0 521 85765 1 December 5, 2005 17:36 Introduction conceptualistic reasoning. 93 Yet such fallacious leaps as the foregoing may help to explain failures to treat form in positive terms. The neglect of the overall form and constituent features of rules may also be traceable in part to an assumption that only the policy or other “substantive” content of a rule can truly serve ends. On such an assumption, the formal in a rule, for example, its definiteness, cannot itself have any real end-serving significance.
