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Law in Modern Society$
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Denis Galligan

Print publication date: 2006

Print ISBN-13: 9780199291830

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199291830.001.0001

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Form of Modern Legal Orders

Form of Modern Legal Orders

Chapter:
(p.242) 13 Form of Modern Legal Orders
Source:
Law in Modern Society
Author(s):

D. J. GALLIGAN

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199291830.003.0014

Evidently, legal orders has evolved in such a way that although some laws retain a basis of general standards like early common law, others rely on the rules that are being acted out by legislature. A debate exists, however, about the right balance between an open discretion and detailed rules that are easy for both the law-makers and law-abiders to understand. Various sets of social relations help provide the normative structure of law as some rules like those concerning contract and property possess clarity while the rules concerning the regulation of certain transactions adapt more discretion. In conducting a careful study of the normative structure of law, one must take into consideration the social formations involved. Legal theory and law-and-society are different because of the lack of qualities of a fully modern system.

Keywords:   normative structure of law, legal orders, social formations, legal theory, law-and-society

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