The Philosophy of Law in Historical Perspective Second EditionPDF电子书下载

PART ONE The Historical Development 1

Ⅰ Introduction 3

Ⅱ Law as the Will of God The Heritage of the Old Testament 8

Ⅲ Law as Participation in the Idea of Justice Plato and Aristotle 13

Ⅳ Law as the Expression of the Laws of Human Nature The Stoics and Roman Natural Law 27

Ⅴ Law as Order and Peace of the Community of Love St．Augustine 35

Ⅵ Law as the Mirror and Part of the Divine World Order Thomas Aquinas and the Scholastics 42

Ⅶ Law as a Historical Fact The Humanists 51

Ⅷ Statutory Law against Natural Law The Doctrine of Sovereignty in Bodin,Althusius,and Grotius 57

Ⅸ The English Constitutional Tradition Sir Thomas Smith and Richard Hooker 67

Ⅹ Common Law against Natural Law James I,Edward Coke,and Francis Bacon 77

Ⅺ Law as Command Hobbes and the Utilitarians 84

Ⅻ Law as the Basic Law of the Constitution Locke and Montesquieu 101

ⅩⅢ Law as the Expression of“Pure Reason”From spinoza to Wolff 110

ⅩⅣ Law as the Expression of the General Will Rousseau and Kant 122

ⅩⅤ Law as the Expression of the Spirit Hegel and the Historical School 131

ⅩⅥ LaW as Class Ideology Marx and Engels 143

ⅩⅦ Philosophical Liberalism Ihering and Stammler 154

ⅩⅧ The Decline of Legal Philosophy Relativists,Formalists,and Skeptics 165

ⅩⅨ The Revival of Natural Law in Europe and America 178

PART TWO Systematic Analysis 189

ⅩⅩ Justice,Equality,and the Common Man 191

ⅩⅪ Law,Authority,and Legitimacy 200

ⅩⅫ Law and Order The Problem of the Breach of Law 206

ⅩⅩⅢ Constitutional Law as the Basis of the Legal System 215

ⅩⅩⅣ Peace and the World Community of Law 223

APPENDIXES 231

Ⅰ Law and History From Vanderbilt Law Review,October,1961 233

Ⅱ Remarks on Llewellyn＇s View of Law,Official Behavior,and Political Behavior From Political Science Quarterly,September,1935 261

BIBLIOGRAPHY 275

Bibliography 277

INDEXES 285

Author Index 287

Subject Index 293