LAW AND LEGAL SCIENCE:AN INQUIRY INTO THE CONCEPTS LEGAL RULE AND LEGAL SYSTEMPDF电子书下载

Ⅰ INTRODUCTION 1

1 The cultural significance of the concept legal rule 1

2 The logic of legal science-'rule'and'system' 10

3 The tasks of general jurisprudence 14

(A) Law and morality 14

(B) The improvement of legal vocabulary 16

(C) The logical status of legal-scientific statements 18

(D) Socio-political inquiries about societies under law 22

Ⅱ THEORIES OF LAW 25

4 The will theory of law 25

(A) Unity of enforcement entails unity of will 25

(B) The value of sovereign will as a constructive metaphor 29

5 The pure-norm theory of law 34

(A) Norm,ought,and will 34

(B) The basic norm and the principle of exclusion 41

6 The psychological theory of law 43

(A) Legal rules as rule-ideas 43

(B) Rule-ideas as the subject matter of legal science 47

7 The behavioural theory of law 52

(A) Legal rules as rule-situations 52

(B) The union of primary and secondary rules 57

8 The disputes theory of law 64

Ⅲ THE PROBLEM OF STRUCTURE 70

9 The principles of exclusion and derogation and the identification of legal systems 70

10 The principle of non-contradiction 81

11 The principle of subsumption-rules as constituents of systems 84

(A) positive legal rules 84

(B) Derivative,extra-systemic,provisional,and generalized legal rules 88

12 The imperative structure of legal rules 92

(A) Duty-imposing and duty-excepting rules 93

(B) The possibility of reductionism 97

(C) The desirability of reductionism 98

(D) Duty and coercion 102

Ⅳ CONCEPTIONS OF VALIDITY 107

13 'Validity'not a univocal concept 107

14 Momentary and non-momentary legal systems 111

15 Validity and system-membership 115

(A) Validity within momentary systems 115

(B) Validity within non-momentary systems 120

16 Validity,effectiveness,and goodness 122

17 Validity,existence,and reality 127

Ⅴ MODELS OF RATIONALITY 132

18 Legal decisions 132

19 The will model of rationality 134

20 The natural-meaning model of rationality 139

21 The doctrine and utility models of rationality 143

22 Professor Dworkin's rights thesis 150

(A) Arguments of principle 152

(B) Implications for'The Model of Rules' 157

Ⅵ CONCLUSION 165

23 An overall view of law 165

Index 173