The nature and functions of law /
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Main Author: | |
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Other Authors: | , |
Format: | Book |
Language: | English |
Published: |
New York, N.Y. :
Foundation Press,
2004.
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Edition: | 6th ed. |
Subjects: | |
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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.