Law's Empire 在线电子书 图书标签: 法学 德沃金 法理学 法律 Dworkin 法哲学 philosophy 法理
发表于2024-12-22
Law's Empire 在线电子书 pdf 下载 txt下载 epub 下载 mobi 下载 2024
总算一次性从头到尾一字不跳读了一遍,把丢掉的笔记补上了,也做了后面几章的笔记。但感觉还没完全理解。
评分1,2,3,6,9
评分insightful
评分Dworkin 很牛X。。。
评分insightful
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>
不记得那年了,在法大A段的阶三,聆听到德沃金先生的演讲,记得那天教室里连台阶都被坐满了,徐校长还给他颁发了聘书,客座教授。还记得演讲完后还去了十三陵水库游玩,大师级的法律学人,致敬! 罗纳德·德沃金是当代最著名、最活跃的法理学家之一。德沃金出生于美国马萨诸塞...
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