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图书目录：Preface
Chapter 1. Introduction Chapter 2. The Notion of an Ideal Audience as an Analytical Tool A. A General Philosophical Example--Illuminating the Power of Rhetoric B. An Example from Legal Theory--Is a Predictive Theory of Law Logically Possible? Chapter 3. What Are the Constraints that Can Be Imposed on Arguments Addressed to an Ideal Audience? Chapter 4. Some Universal Features of Ideal Audiences in Legal Contexts Chapter 5. Different Conceptions of the Ideal Audience--A First Look Chapter 6. Accounting for Differences in Perceptions of the Ideal Audience--Some Preliminary Observations A. Competing Visions of the Way the State Should Be Organized B. Conflicting Views as to the Purpose of the State Chapter 7. Choosing Between Competing Visions of the Good--the Case of Necessity A.The Need to Choose B.Choosing to Sacrifice the Property of Others 1.Destroying Property to Save Human Life 2.Destroying the Property of Others to Preserve One's Own Property and the Taking and Consumption of the Property of Others C. Sacrificing the Life of an Innocent Person to Save the Lives of a Greater Number of Innocent Persons Chapter 8. The Conflict Between the General and the Particular--Some Legal Background A. Some Historical Background and Examples B. The Scope of the Modern Tort &Negligence Chapter 9. The Conflict Between the General and the Particular--Theoretical Perspectives A. The Case for General Principles Put Forth by Dworkin B. Additional Factors Prompting the Search for General Principles C. Counter-Arguments Chapter 10. Ambivalent Attitudes with Regard to Discretion " A. Introduction B. An Analytical Framework C. The Irresistible Urge to Narrow the Scope of Discretion D. Structural and Ideological Factors Behind the Urge to Broaden the Scope &Discretion .. Chapter 11. Toleration & Diverse and Even Inconsistent Outcomes Chapter 12. Conclusion Cases Cited Bibliography Index |
