圖書標籤: 法學 德沃金 法理學 法律 Dworkin 法哲學 philosophy 法理
发表于2025-05-29
Law's Empire pdf epub mobi txt 電子書 下載 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>
時間不夠 要還迴去.. 法哲學部分好理解... 法學部分不好理解...... 沒法學基礎啊...
評分very interesting and classic
評分Dworkin 很牛X。。。
評分終於把此書的英文版讀畢,偉大的Empire,偉大的Dworkin.(於之江月輪山雪飄之時)ps:明天離開之江去玉泉。
評分終於把此書的英文版讀畢,偉大的Empire,偉大的Dworkin.(於之江月輪山雪飄之時)ps:明天離開之江去玉泉。
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...
評分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...
評分历时半个多月读完,掩卷深思,百感交集。 虽然本科、研究生阶段都在学法学,虽然多年来我的职业经历即是法学,但真正读过的法学专著并不多,太多时间被荒废。本书的经典地位和学术价值无需我这样一个无名小卒多讲,何况其严密的论证让我并不能一直跟随作者的脚步,但对我...
評分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...
Law's Empire pdf epub mobi txt 電子書 下載 2025