图书标签: 法学 德沃金 法理学 法律 Dworkin 法哲学 philosophy 法理
发表于2025-05-29
Law's Empire pdf epub mobi txt 电子书 下载 2025
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. </p>
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. </p>
重读了12367和11章,关注了解释与客观性的问题。
评分insightful
评分时间不够 要还回去.. 法哲学部分好理解... 法学部分不好理解...... 没法学基础啊...
评分时间不够 要还回去.. 法哲学部分好理解... 法学部分不好理解...... 没法学基础啊...
评分Dworkin 很牛X。。。
Introduction American jurisprudence is marked by a concentration with the judicial process, that is how judges reason and should reason in deciding particular cases. In Professor Hart’s metaphorical words, American jurisprudence has oscillated between tw...
评分Ronald Dworkin’s Published Papers 凡例: 1. Ronald Dworkin已出版著作与公开发表论文多有重叠,但又有所不同。遍及网络编者尚未发现相对全面的梳理。考虑到便利研究者查找相关文献,编者制作本列表。 2. 本列表收录Ronald Dworkin公开发表于期刊上的论文、评论、书评,以及...
评分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 评分Ronald Dworkin’s Published Papers 凡例: 1. Ronald Dworkin已出版著作与公开发表论文多有重叠,但又有所不同。遍及网络编者尚未发现相对全面的梳理。考虑到便利研究者查找相关文献,编者制作本列表。 2. 本列表收录Ronald Dworkin公开发表于期刊上的论文、评论、书评,以及...
Law's Empire pdf epub mobi txt 电子书 下载 2025