LAW AS INSTITUTIONPDF电子书下载

PartⅠLaw and Power 3

1 Two Opposing Conceptions 3

1.1 Preliminary 3

1.2 The Law as Expression of Power. "Analytical Jurisprudence" and Legal Positivism 6

1.3 The Supremacy of the Law. Natural Law, Constitutionalism, the Rule of Law 12

1.4 Power as Expression of Law. Leon Michoud and Hugo Krabbe 18

2 The Normativist View 25

2.1 Preliminary 25

2.2 Power Conceived of as Law: Hans Kelsen 26

2.3 Law, Command, Norm 33

2.4 Normative Order, Political Power, Dominion 42

2.5 Autonomy, Heteronomy, Ideology 52

PartⅡLanguage, Norms, Institutions 61

3 Meaning and Norm 61

3.1 Preliminary 61

3.2 Theories of Meaning 62

3.3 Objections to the Verificationist Theory 63

3.4 Objections to the Theory of "Representation" and to the Psychological Conception 65

3.5 Objections to the Behaviourist Theory 70

3.6 Theories of Norms and Theories of Validity 74

3.7 An "Institutionalist" Theory of Language 87

3.8 The Concept of Law. A First Approximation 95

4 Law as Institution 97

4.1 Preliminary 97

4.2 Santi Romano's Theory of Law 98

4.3 Old and New Institutionalism. Santi Romano Compared with Neil MacCormick and Ota Weinberger 109

4.4 The Concept of "Institution". A Proposal 115

4.5 Binding Force and Mandatoriness of Norms 125

4.6 Institution and Intentionality. The Problem of the Social Identity. 129

4.7 The Particular Character of Legal Norms 132

5 Law and Power 135

5.1 Preliminary 135

5.2 The Sociological Tradition. Two Models 136

5.3 The Institutionalist Approach: From Hauriou to Weinberger 145

5.4 Law as "Culture" 155

5.5 Power and Rule 159

PartⅢ Meaning and Values 169

6 Meaning and Value Judgements 169

6.1 Preliminary 169

6.2 Theories of Meaning Once More 171

6.3 Two Contrasting Views: Bertrand Russell and John L. Austin 81

6.4 Meta-ethical Implications 188

7 Value Judgements and Justification 193

7.1 Preliminary 193

7.2 Naturalism, Utilitarianism, Intuitionism 197

7.3 Emotivism and Prescriptivism 206

7.4 Universalizabilty of Moral Judgements. Linguistic Community and Discourse Theory 213

7.5 Non-cognitivism and Critical Morality 218

7.6 The Legal and the Moral Domains: Initial Conclusions 223

PartⅣ Epilogue 231

8 Law and Morality 231

8.1 What is at Stake? 231

8.2 Definitions and Distinctions 232

8.3 The Concept of Law 236

8.4 Connections Between Law and Morality 241

8.5 Separation of Law and Morality 244

8.6"Definitional" and "Derivative" Formulations 252

8.7 Epilogue 255

Name Index 261

Subject Index 265