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图书目录:EDITORIAL PREFACE
FOREWORD ACKNOWLEDGMENTS INTRODUCTION (Neil MacCorrnick and Ota Weinberger) 1. The Disputes of the Schools 2. The Aim of the Institutional Theory 3. The Ontological Proposals of the Institutional Theory 4. The Real Existence of Norms 5. On Legal Structures and Legal Analysis 6. On Searle's Theory of Institutional Facts 7. On Hauriou's Institutional Theory 8. Conclusion Notes CHAPTERI/THE NORM AS THOUGHT AND AS REALITY (0. Weinberger) Introduction 1. The Basis for and the Aim of Elucidating the Ontologi- cal Status of Norms 2. Norms as Ideal Entities 3. The Special Nature of Norms as Thought-Objects 4. The Norm as Reality 5. The Legal Order in the Perspective of Thought and of Reality 6. The Character of Legal Science 7. The Logic of Norms as Auxiliary Science to the Legal Sciences Notes CHAPTER II /LAW AS INSTITUTIONAL FACT {N. MacCorrnick) 1. Institutional Facts and Legal Institutions 2, Legal Institutions and the Structure of Legal Systems 3. Transcending Institutional Facts Notes CHAPTER Ill / FACTS AND FACT-DESCRIPTIONS" A LOGICAL AND METHODOLOGICAL REFLECTION ON A BASIC PROBLEM FOR THE SOCIAL SCIENCES {0. Weinberger) 1. Stating the Problem 2. Brute Facts and Descriptions of Them 3. Humanly Conditioned Facts and Descriptions of Them 4. A Typology of Practical Sentences and Concepts 5. Consequences for a Basic Methodological Conception of the Social Sciences Notes CHAPTER IV / ON ANALYTICAL JURISPRUDENCE (N. MacCormick) Introduction 1. The Problem of Legal Knowledge 2. Legal Facts as Institutional Facts 3. The Problematic Character of Brute Facts 4. The Need for a Hermeneutic Method Notes CHAPTER V / BEYOND POSITIVISM AND NATURAL LAW (O. Weinberger) 0. The Problem and the Challenge 1. The Law as Institutional Fact and the Foundation of the Legal-Scientific Method 2. Critical Observations Concerning the Conception of Legal Positivism 3. Arguments for Natural Law Theories 4. Does One Need the Idea of Natural Law for a Material Justification of Law? 5. The Role of the Analytical Approach to Legal Theory in Settling the Dispute between Positivists and Natural Law Theorists Notes CHAPTER VI / LAW, MORALITY AND POSITIVISM (N. MacCormick) 1. A Kind of Legal Positivism 2. Legal Rules and the Internal Point of View 3. The Hermeneutic Approach to Legal Theory 4. The Convergence of Positivism and Natural Law Notes CHAPTER VII / THE ANALYTICO-DIALECTICAL THEORY OF JUSTICE (O. Weinberger) 1. Theorising about Justice: the Present State of Play 2. Principles of Justice as Determinants of Conduct 3. The Non-Cognitive Character of Practical Reasoning 4. Structural Theories of Practical Thought 5. The Function of Aims, Norms and Values 6. Claims of Justice in the Context of Decision- Making 7. Justice in Ethics, Jurisprudence and Political Theory 8. The Character of Reasoning about Justice as seen from the Non-Cognitivist point of view 9. Rational Methods of Substantive Practical Reasoning 10. The Dialectical Character of Practical Reasoning Notes CHAPTER VIII / INSTITUTIONAL MORALITY AND THE CONSTITUTION (N. MacCormick) Introduction 1. Positivism and the Problem of Mistakes 2. The Theory of Institutional Morality 3. Institutional Morality and British Constitutional Theory 4. Positivistic Presuppositions of Institutional Morality 5. Practical Reason and Constitutional Custom Notes CHAPTER IX/THE LIMITS OF RATIONALITY 1N LEGAL REASONING (N. MacCormick) Introduction 1. Observations on Practical Rationality 2. Legal Reasoning and the Limits of Rationality Notes CHAPTER X / THE CONDITIO HUMANA AND THE IDEAL OF JUSTICE (O. Weinberger) 1. Why Theories of Justice? 2. The Anthropological Approach to the Problem of Justice 3. Ideals of Justice as Determinants of Actions 4. The Analytico-dialectical Character of Deliberations on Justice 5. Formal Postulates of Justice 6. Natural Law or Convictions of Justice? 7. Postulates of Just Application of the Law 8. Fair Equilibrium of Role Performances as a Principle of Justice 9. Collective Action 10. Present Aspects of the Problems of Justice Notes INDEX OF NAMES INDEX OF SUBJECTS |