| Robert S. Summers is the William G. McRoberts Research Professor in the Administration of Law at Cornell Law School. He has won international acclaim for his work in contracts and commercial law and authored and coauthored multiple works on contracts, commercial law, jurisprudence and legal theory. His treatise on the Uniform Commercial Code, coauthored with James White, is the most widely cited on the subject. Professor Summers has served as official advisor both to the Drafting Commission for Russian Civil Code and to the Drafting Commission for Egyptian Civil Code. He lectures annually on jurisprudence and legal theory in Britain, Scandinavia, and Europe. |
| Preface Acknowledgments PART ONE: INTRODUCTION, BASIC CONCEPTS AND DEFINITIONS, AND A GENERAL APPROACH 1 Introduction Section One: Preliminary Overview Section Two: Importance of Legal Form Section Three: The Neglect of Form Section Four: Protests Against Misunderstanding 2 Basic Concepts and Definitions Section One: Introduction Section Two: A Selection of Functional Legal Units and Their Overall Forms Section Three: The Overall Form of a Functional Legal Unit -A General Definition and Refinements Section Four: Types of Purposes That Overall Form Is to Serve -A More Extended Account Section Five: Rationales for the General Definition of Overall Form Adopted Here Section Six: Differentiation of the Overall Form From Material or Other Components of a Functional Legal Unit Section Seven: The "Form v. Substance" Contrast 3 A General Approach Section One: Introduction Section Two: Advancing Understanding through Study of Form Section Three: Attributing Credit to Form for Purposes Served Section Four: A Form-Oriented Approach as Primary, with a Rule-Oriented One Secondary PART TWO: THE FORMS OF FUNCTIONAL LEGAL UNITS 4 Forms of Institutions - Legislative Section One: Introduction Section Two: Overall Legislative Form and Its Constituent Features Section Three: The Compositional Feature Section Four: The Jurisdictional Feature Section Five: The Structural Feature Section Six: The Procedural Feature Section Seven: The Preceptual Feature Section Eight: Form and the Unity of the Legislature Section Nine: Skepticism about Institutional and Other Form, and Responses Thereto 5 Forms of Precepts- Rules Section One: Introduction Section Two: Internal Formal Features of Rules Section Three: The Feature of Prescriptiveness Section Four: The Feature of Completeness Section Five: The Feature of Definiteness Section Six: The Feature of Generality Section Seven: The Feature of Structure Section Eight: The Encapsulatory Feature Section Nine: The Expressional Feature Section Ten: Responses to Objections 6 Form and Content within a Rule - Continued Section One: Introduction Section Two: General Purposes of the Form and Content of Rules - A Summary Section Three: Initial Choices of Policy or Other Content and of Formal Features in a Projected Rule Section Four: Further Initial Choices of Formal Features Section Five: Final Choices of Form and Final Choices of Policy and Other Content Section Six: General Interactions and Other Inter-relations Between Choices of Form and Choices of Content Section Seven: Further Responses to Objections 7 Forms of Nonpreceptual Law- Contracts and Related Property Interests Section One: Introduction Section Two: Choices of Form and of Complementary Material or Other Components of Content in a Contract Section Three: Due Credit to Form Section Four: Formal Prima-Facie Validity and Further Credit Due to Form …… PART THREE：THE OVERALL FORM OF A LEGAL SYSTEM AND ITS OPERATION Name Index Subject Index |
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