The nature and functions of law /

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Bibliographic Details
Main Author: Berman, Harold J. (Harold Joseph), 1918-2007
Other Authors: Greiner, William R., Saliba, Samir N., 1934-
Format: Book
Published: New York, N.Y. : Foundation Press, 2004.
Edition:6th ed.
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Table of Contents:
  • I. Law as a process of resolution of disputes : illustrations from civil and criminal procedure. 1. The competence and jurisdiction of courts
  • 2. Civil procedure prior to trial
  • 3. Criminal procedure prior to trial
  • 4. The trial
  • 5. Alternative methods of dispute resolution : mediation and arbitration in domestic and international practice
  • II. Law as a process of maintaining historical continuity and doctrinal consistency : illustrations from manufacturers' liability in tort. 6. Reasoning by analogy of precedent
  • 7. Reasoning by analogy of doctrine and statute
  • III. Law as a process of protecting and facilitating voluntary arrangements : illustrations from the law of contract. 8. Contract law as a process of protecting voluntary arrangements
  • IV. Law as a process of resolving acute social conflicts : illustrations from labor relations, race relations, and gender relations. 9. Securing the fundamental rights of labor : from conspiracy to collective bargaining
  • 10. Civil rights for Black Americans : race relations law, 1865-2003
  • 11. The law of gender equality.