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图书目录:Preface
Extracts from the Preface to the first edition 1 Legal philosophy in context Jurisprudence, legal philosophy and legal theory Legal pNlosophy and legal practice Jusdifing normative legaltheory Unity and system in law Professionalisafion and politics Legal philosophy in soci:tl 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 legaJ development? Common law and legsladon The political and social enxqronment Sahqgny: a theory for common law? Maine's historical iurisprudence Maine on politics and society Historical jurisprudence and the legal profession The fate of Maine's new science 3 Sovereig-n and subject: Bentham and Austin The empire of darkness and the re, on of light Positive law and posiuve morality The coercive structure of a law Sanctions and power-conferring rules Sovereignt3' Some characteristics of Austin's sovereign Must the sovereig, n be legally illimitable? The judge as delegate of the sovereigm Austin's theory of the centralised state Austin and the legal profession Analytical jurisprudence and liberal democracy: Hart and Kelsen Empiricism and conceptualism Hart; ]ingnaistic cmpiricism The character of rules Sociologica] drift The structure of a leaal system Tile existence of a legal s;'stcm Hart; tncrmcncutics .ludicial decisions and the 'open texture' of rules Kelscn; conceptualism 'The machine now runs by itself' Democracy and the Rule of Law Conclusion The appeal of natural law Legal positivism and natural law Is natural law dead? Natural law and legal authoritw 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? The problem of the creative judge: Pound and Dworkin Pound's rejection of tlne model of roues The outlook of socioloGcal jurisprudence A theory of imerests 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 Scepticism and realism 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 A jurisprudence of difference: class, gender and race The ghost of Marx Equalit?; difference and liberal feminism Different moral voices in law Radical feminism and the gender of law Postmodern feminism Critical race theory Politics, professionalism, difference The deconstruction and reconstruction of law Postmodernism and deconstruction Recovering minor jurisprudences Law without foundations Derrida, justice, autopoiesis l~a\v's erupt3" shell Reoricnung legal theory Thcorising legal communities Legal theory beyond the nation state Legal theory and legal professions Notes and further reading References Index |