发表于2025-03-29
Law's Empire 2025 pdf epub mobi 电子书
「法理思维与名著导读(二):德沃金《法律帝国》导读」 时间:2010.11.03 主讲人:庄世同台湾大学法律学院副教授主持人颜厥安教授 链接:https://vimeo.com/16494201 本文以下引用的页码皆以英文版RonaldDworkin,Law’sEmpire,Cambridge,Mass.:HarvardUniversityPress(1986)....
评分「法理思维与名著导读(二):德沃金《法律帝国》导读」 时间:2010.11.03 主讲人:庄世同台湾大学法律学院副教授主持人颜厥安教授 链接:https://vimeo.com/16494201 本文以下引用的页码皆以英文版RonaldDworkin,Law’sEmpire,Cambridge,Mass.:HarvardUniversityPress(1986)....
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[按语:“法律帝国(Law’s empire)”一词仿佛隐喻法律的人格化,在前言首段中有出现。此书中Dworkin批评了法律实证主义(用批评时髦的法律语义学的形式),辩护了law as integrity的道德主义法学理想(偏向于自然法学派,但并不主张一种独立于共同体之外的a priori morality...
评分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...
图书标签: 法学 德沃金 法理学 法律 Dworkin 法哲学 philosophy 法理
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>
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。
评分very interesting and classic
评分以台译为主,读不懂就对照英文原版,往往豁然开朗(当然也有很多仍然不明白的地方)。无耻地标注个读完。
评分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。
Law's Empire 2025 pdf epub mobi 电子书