图书标签: Dworkin 法哲学 法理学 法律 法学 政治哲学 实践解释学 实践哲学
发表于2024-07-23
Law's Empire (Legal Theory) pdf epub mobi txt 电子书 下载 2024
With the incisiveness and lucid style for which he is renowned, Ronald Dworkin has written a masterful explanation of how the Anglo-American legal system works and on what principles it is grounded. Law’s Empire is a full-length presentation of his theory of law that will be studied and debated—by scholars and theorists, by lawyers and judges, by students and political activists—for years to come.
Dworkin begins with the question that is at the heart of the whole legal system: in difficult cases how do (and how should) judges decide what the law is? He shows that judges must decide hard cases by interpreting rather than simply applying past legal decisions, and he produces a general theory of what interpretation is—in literature as well as in law—and of when one interpretation is better than others. Every legal interpretation reflects an underlying theory about the general character of law: Dworkin assesses three such theories. One, which has been very influential, takes the law of a community to be only what the established conventions of that community say it is. Another, currently in vogue, assumes that legal practice is best understood as an instrument of society to achieve its goals. Dworkin argues forcefully and persuasively against both these views: he insists that the most fundamental point of law is not to report consensus or provide efficient means to social goals, but to answer the requirement that a political community act in a coherent and principled manner toward all its members. He discusses, in the light of that view, cases at common law, cases arising under statutes, and great constitutional cases in the Supreme Court, and he systematically demonstrates that his concept of political and legal integrity is the key to Anglo-American legal theory and practice.
source: http://www.hup.harvard.edu/catalog.php?isbn=9780674518360
研二上学期实习时每天在地铁上看几页,回来做笔记,两个多月看了大半本。上学期又重新理了下。
评分研二上学期实习时每天在地铁上看几页,回来做笔记,两个多月看了大半本。上学期又重新理了下。
评分研二上学期实习时每天在地铁上看几页,回来做笔记,两个多月看了大半本。上学期又重新理了下。
评分研二上学期实习时每天在地铁上看几页,回来做笔记,两个多月看了大半本。上学期又重新理了下。
评分常读常新
Ronald Dworkin is one of the most prominent law philosophers in the common law tradition. Known both in America and Britain for his strong democratic positions, baptized by Duncan Kennedy `orthodox centrism', Dworkin is an acid critic of the paradigms of th...
评分1.这本书的中文版是个噩梦,只要不是英文文盲,请尽量读原版。 2.论证搭建的极其细密,要非常小心才能不被层叠的隐喻和修辞绕晕。 3.复杂的言辞背后,这本书最大的野心,应该是在实证主义的铜墙铁壁中,为政治对法律的入侵打开一个通道。 4.其方法主要是精确的分类学和精巧的解...
Law's Empire (Legal Theory) pdf epub mobi txt 电子书 下载 2024