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图书目录:Preface
Introduction Notes, 4 PART ONE: AMERICAN LEGAL REALISM 1 The Beginnings of American Legal Realism General Historical Influences, Specific Historical Influences, Conclusion, Notes, 2 Five American Legal Realists Behavioral Focus and Legal Reform, Legal Skepticism, The Use of Science in Law, Value Judgments, Implications for the Characterization/ of American Legal Realism, Conclusion, Notes, 3 Evaluation of American Legal Realism The Nature of Law, Rule Skepticism, The Separation of Law and Morality, Lack of a Viable Moral Theory, Social Science Research, Conclusion, Notes, 4 American Legal Realism as a Research Program The Predictive Definition of Law, Rule Skepticism Reconsidered, Fact Skepticism as a Research Program, Alternative Research Programs for the Scientific Investigation of the Law, The Moral Research Program, American Legal Realism Characterized, Conclusion, Notes, PART TWO: SCANDINAVIAN LEGAL REALISM 5 Scandinavian Legal Realism and the Rejection of Metaphysics American and Scandinavian Legal Realism Compared, Historical Roots, Critique of Traditional Jurisprudence, Analysis of the Nature of Legality and Illegality, Interpreting the Elimination of Metaphysics and the Scientific Basis of the Law, Conclusion, Notes, _- Evaluation of Scandinavian Legal Realism Hart's Critique of Haigerstr6m's and Ross's Analysis of Legal Language, Hart's Critique of Scandinavian Legal Realism's Criticism of Natural Law, Problems Neglected by Hart, Establishing the Goals of a Legal System, Legal Sentences and Truth Value, The Magical Nature of Legal Concepts, Conclusion, Notes, Scandinavian Legal Realism as a Research Program The Negative Research Program: Critique of Traditional Legal Doctrine, The Positive Research Program: Analysis of Legal Language, The Scandinavian Legal Realism Research Program, Conclusion, Notes, PART THREE: CONCLUSION: CRITICAL LEGAL STUDIES AND LEGAL REALISM The Implications of Critical Legal Studies for Legal Realism The Basic Ideas of Critical Legal Studies, The Influence of American Legal Realism on Critical Legal Studies, Legal Realism and Critical Legal Studies Contrasted, Critical Legal Studies as a Research Program, CLS as a Critique of Legal Realism, Conclusion, Notes, Index |