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图书目录:1. Legal Philosophy in Context
Jurisprudence, Legal Philosophy and Legal Theory Legal Philosophy and Legal Practice Justifying Normative Legal Theory Unity and System in Law Professionalisation and Politics Legal Philosophy in Social and Political Context How Should Legal Philosophy be Interpreted Contextually? 2. The Theory of Common Law The Character of Common Law Thought The Common Law Judge Can Common Law Thought Explain Legal Development? Common Law and Legislation The Political and Social Environment Savigny: A Theory for Common Law? Maine's Historical Jurisprudence Maine on Politics and Society Historical Jurisprudence and the Legal Profession The Fate of Maine's New Science 3. Sovereign and Subject: Bentham and Austin The Empire of Darkness and the Region of Light ~ Positive Law and Positive Morality The Coercive Structure of a Law Sanctions and Power Conferring Rules Sovereignty Some Characteristics of Austin's Sovereign Must the Sovereign be Legally Illimitable? The Judge as Delegate of the Sovereign Austin's Theory of the Centralised State Austin and the Legal Profession 4. Analytical Jurisprudence and Liberal Democracy: Hart and Kelsen 83 Empiricism and Conceptualism Hart's Linguistic Empiricism The Character of Rules Sociological Drift The Structure of a Legal System The Existence of a Legal System Hart's Hermeneutics Judicial Decisions and the 'Open Texture' of Rules Kelsen's Conceptualism 'The Machine Now Runs By Itself' Democracy and the Rule of Law Conclusion 5. The Appeal of Natural Law Legal Positivism and Natural Law Is Natural Law Dead? Natural Law and Legal Authority The "Rebirth' of Natural Law Anglo-American Lessons from the Nazi Era The Ideal of Legality and the Existence of Law A Purposive View of Law Fuller and the Common Law Tradition Politics and Professional Responsibility Natural Law Tamed? 6. The Problem of the Creative Judge: Pound and Dworkin Pound's Rejection of the Model of Rules The Outlook of Sociological Jurisprudence A Theory of Interests The Search for a Measure of Values The Wider Context of Pound's Jurisprudence Dworkin and Pound Principles and Policies The Closed World of Legal Interpretation Politics, Professionalism and Interpretive Communities 7. Varieties of Scepticism Pragmatism and Realism Realism and Normative Legal Theory Llewellyn's Constructive Doctrinal Realism The Political Context of American Legal Realism Post-Realist Policy-Science Post-Realist Radical Scepticism Legal Professionalism and the Legacy of Realism 8. The Uses of Theory Some Political and Professional Uses of Theory Who Is Listening? Normative Legal Theory and Modern Legal Practice Normative Legal Theory as a Partial Perspective The Destiny of Legal Theory Notes and Further Reading References Index |