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图书目录: Preface
1 The Nature and Function of Law Why Do We Need a System of Rules? Private Rules for Social Ordering Customs and Morals Versus Law The Various Perspectives of Law Some Requirements for an Effective Legal System The Creation and Application of Law: Some Introductory Remarks Chapter Problem: FCC Kid Hearings Open: GF Attacks More Rules Questions for Review 2 The Courts and the Process of Adjudication Criminal Law and Civil Law Court Systems: Organization and Jurisdiction The Process of Adjudication Appendix: How to Read and Abstract an Appellate Decision Chapter Problem: Model Small Claims Court Act Questions for Review 3 The Trial Stage Trial Procedure in a Civil Case Before a Jury The Adversary System The Trial Process: Some Problem Areas Chapter Problem: T.V. or Not T.V.: Televised and Photographic Coverage of Trials Questions for Review 4 Judicial Lawmaking 1:Law Built on Precedents The Common-Law Tradition The Role of Precedents Restraints on Judicial Lawmaking Chapter Problem: Precedent and Judicial Decision Making Questions for Review 5 Lawmaking by Legislatures The Legislative Process Differences Between Decisional and Legislative Lawmaking Some Problems of Legislative Drafting Chapter Problem: Harassment or Abuse Questions for Review 6 Judicial Lawmaking 2:The Interpretation of Statutes The Intention of the Legislature The Meaning and Context of a Statute's Words The Use of Legislative History Other Aids to Statutory Interpretation Chapter Problem: Interpreting Conflicting Statutes Questions for Review 7 Judicial Lawmaking 3:Interpreting the Constitution Some Examples of Constitutional Issues U.S. Constitutions The Supreme Court as the Final Constitutional Arbiter The Protection of Due Process Academia: An Example of a Constitutional Question and Judicial Decision Making Chapter Problem: Does the Supreme Court Interpret Legislation or Legislate? Questions for Review 8 Lawmaking and Adjudication by Administrative Agencies The Emergence of the Modern Administrative Agency Legislative Rulemaking by Administrators Adjudication and Decisional Rulemaking by Administrators Achievements and Disappointments Chapter Problem: The Role of Administrative Agencies in Legal Proceedings Questions for Review 9 Private Contributions to the Legal System Private Contributions to Lawmaking Private Supplements to Lawmaking Industrial Self-Government Within the Legal Framework Chapter Problem Rulemaking by Nonjudicial Parties Questions for Review 10 Law in Society: A Conclusion Chapter Problem: Too Much Law: Our National Disease A Bibliographical Note Index of Cases Index |