Law and Society in Transition by Nonet Philippe; Selznick Philip; Kagan Robert A

Author:Nonet, Philippe; Selznick, Philip; Kagan, Robert A.
Language: eng
Format: epub
Publisher: Routledge

The chief attributes of autonomous law may be summarized as follows:

1. Law is separated from politics. Characteristically, the system proclaims the independence of the judiciary and draws a sharp line between legislative and judicial functions.

2. The legal order espouses the “model of rules.” A focus on rules helps enforce a measure of official accountability; at the same time, it limits both the creativity of legal institutions and the risk of their intrusion into the political domain.

3. “Procedure is the heart of law.” Regularity and fairness, not substantive justice, are the first ends and the main competence of the legal order.

4. “Fidelity to law” is understood as strict obedience to the rules of positive law. Criticism of existing laws must be channeled through the political process.

Download

Copyright Disclaimer:
This site does not store any files on its server. We only index and link to content provided by other sites. Please contact the content providers to delete copyright contents if any and email us, we'll remove relevant links or contents immediately.