Finders Keepers?: How the Law of Capture Shaped the World

Terence Daintith

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As was noted in subsection 2.4, for Dworkin, in adjudicating cases, judges should seek to constructively interpret the law, i.e. to impose purpose on it in order to make of it the best possible example of the form or genre to which it is taken to belong (see Dworkin 1986, chs.2 & 3, and the entry on interpretivist theories of law ). New forms of legal action established by the crown functioned through a system of writs, or royal orders, each of which provided a specific remedy for a specific wrong.

Pages: 432

Publisher: Routledge (September 2, 2010)

ISBN: 1933115831

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