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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 philosophy and legal practice Justifying normative legal theory Unity and system in law Professionalisadon and politics Iegal 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 Soveereign 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 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 oflaw 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 oudook 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 dosed world of legal interpretation Politics, professionalism and interpretive communities 7 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 8 A jurisprudence of difference: class, gender and race The ghost of Marx Equality, difference and liberal feminism Different moral voices in law Radical feminism and the gender of law Postmodern feminism Critical race theory Politics, professionalism, difference 9 The deconstruction and reconstruction of law Postmodernism and deconstruction Recovering minor jurisprudences Law without foundations Derrida, justice, autopoiesis Law's empty shell Reorienting legal theory Theorising legal communities Legal theory beyond the nation state Legal theory and legal professions Notes and further reading References Index |