Chapter

The Frame of the Discussion

in The Theory of Rules

Published by University of Chicago Press

Published in print April 2011 | ISBN: 9780226487953
Published online March 2013 | e-ISBN: 9780226487977 | DOI: http://dx.doi.org/10.7208/chicago/9780226487977.003.0005
The Frame of the Discussion

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This chapter introduces an account of legal rules as inextricably connected with the individuals who interpreted and enforced them, and with the institutions in which they did so. In the going system of the law, there is much wisdom which appears to have escaped some of the rationalized conventional beliefs about what the system is, and how it goes round, and how it should go round. There was a great gain in accuracy and in communicability of seeing the going system and the role of the individual within it when, beside the rule-stuff, the word-clad and word-limited authoritative formulas, the body of ideals and idealizations which the lawmen often use without putting or seeing them in words at all was placed on the other hand, and the institutional patterns on the other.

Keywords: legal rules; going system; authoritative formulas; institutional patterns; lawmen; ideals

Chapter.  7102 words. 

Subjects: Jurisprudence and Philosophy of Law

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