Tham khảo tài liệu 'form and function in a legal system - a general study part 2', văn bản luật, bộ máy hành chính phục vụ nhu cầu học tập, nghiên cứu và làm việc hiệu quả | 26 Introduction American scholars of procedure have regularly addressed some problems of form although seldom explicitly in terms of form. Yet their writings are relevant to a general theory of Many others including scholars of constitutional law have addressed aspects of the forms of certain legal institutions and the interrelations between such institutions which are major realms of structural form although many would probably claim that they have not been writing about mere form. 68 Some constitutional and other scholars have written on the principles of the rule of law and have suggested that these are at least partly Some have written on the methodologies of constitutional and statutory interpretation although this is seldom done in terms of Scholars of legislation have written on the formal methodologies for drafting statutory rules although again usually not in the concepts and terminology of It is true that form and formalities in the law of contracts and wills have been the subject of extensive study by scholars of positive law in these fields and here the work has frequently been in the idiom of Comparative lawyers American and other have also in effect done work on form while comparing legal systems or basic facets of legal Even so no legal theorist or other scholar has to my knowledge sought to work out a systematic general theory of the overall forms of a wide and representative selection of functional legal units as here. It might be thought that of the participants in modern schools of legal theory those writing in the tradition of legal positivism74 would be most likely to develop a general theory of legal Yet a close examination reveals that neither H. L. A. Hart76 nor Hans Kelsen 77 the leading positivists of the twentieth century systematically treated 67 See . B. Kaplan Civil Procedure - Reflections on the Comparison of Systems 9 Buff. L. Rev. 409 1960 . 68 A classic early treatment
