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图书目录:Preface
Introduction: The Birth of Law and the Rise o f Jurisprudence The Origins o fLaw and Jurisprudence A Short History o f Jurisprudence A Preview of the Book PART I. THE EPISTEMOLOGY OF LAW 1. Law as Logic, Rules, and Science The Syllogism and Other Methods of Logic Rules, Standards, and Discretion Scientific Observation 2. Legal Reasoning as Practical Reasoning What Is Practical Reason? Authority Reasoning by Analogy A Note on Legal Education 3. Other Illustrations of Practical Reasoning in Law Interpretation Means-End Rationality Tacit Knowing Submitting to the Test of Time 4. Legitimacy in Adjudication The Problem of Rational Prejudgment Consensus Policy versus Pedigree as Warrants for ]udicial Action How Are Judges' Visions Changed? Critical Legal Studies PART II. THE ONTOLOGY OF LAW 5. Ontology, the Mind, and Behaviorism Ontological Skepticism Mental and Other Metaphysical Entities in Law Behaviorism and the Judicial Perspective 6. Are There Right Answers to Legal Questions? Questions o fLaw Questions of Fact 7. What Is Law, and Why Ask? Is It a Body of Rules or Principles, an Activity, or Both? Holmes, Nietzsche, and Pragmatism PART III. INTERPRETATION REVISITED 8. Common Law versus Statute Law 9. Objectivity in Statutory Interpretation The Plain=Meaning Fallacy The Quest for Interpretive Theory Indeterminate Statutory Cases 10. How to Decide Statutory and Constitutional Cases Is Communication Ever Possible? Beyond Interpretation A Case Study of Politics and Pragmatism PART IV. SUBSTANTIVE JUSTICE 11. Corrective, Retributive, Procedural, and Distributive Justice Corrective Justice and the Rule o fLaw A Note on RetributiveJustice--and on Rights Formal Justice Distributive Justice What Has Moral Philosophy to Offer Law? 12. The Economic Approach to Law The Approach Criticisms of the Positive Theory Criticisms of the Normative Theory Common Law Revisited 13. Literary, Feminist, and Communitarian Perspectives on Jurisprudence Law and Literature Natural Law and Feminist Jurisprudence Communitarianism PART V. JURISPRUDENCE WITHOUT FOUNDATIONS 14. Neotraditionalism The Decline of Law as an Autonomous Discipline The Neotraditionalist Response 15. A Pragmatist Manifesto Index |