Law and Politics | Legal History | Rule of Law
The author explains that there is scope for a general theory about the nature and place of form in the fundamentals of law. Form organizes the institutions, rules and other varieties of law, and the system as a whole. All such constructs have non-formal elements, too, but form unifies each construct and provides its criteria of identity. Appropriate form makes a system of law possible. It also tends to beget good content in the law. It is indispensable to the basic needs of a legal system, and when such an end is organizational, as with democracy, liberty, and the rule of law, form is end as well as means.
Summers, Robert S., "The Place of Form in the Fundamentals of Law" (2001). Cornell Law Faculty Publications. 1254.
Published in: Ratio Juris, Vol. 14, No. 1 (March 2001).