The Problems of JurisprudencePDF电子书下载

Introduction: The Birth of Law and the Rise of Jurisprudence 1

The Origins of Law and Jurisprudence 4

A Short History ofJurisprudence 9

A Preview of the Book 24

PART Ⅰ.THE EPISTEMOLOGY OF LAW 37

1.Law as Logic, Rules, and Science 37

The Syllogism and Other Methods of Logic 38

Rules, Standards, and Discretion 42

Scientific Observation 61

2.Legal Reasoning as Practical Reasoning 71

What Is Practical Reason? 71

Authority 79

Reasoning by Analogy 86

A Note on Legal Education 98

3.Other Illustrations of Practical Reasoning in Law 101

Interpretation 101

Means-End Rationality 105

Tacit Knowing 108

Submitting to the Test of Time 112

4.Legitimacy in Adjudication 124

The Problem of Rational Prejudgment 124

Consensus 125

Policy versus Pedigree as Warrants forJudicial Action 130

How Are Judges’ Visions Changed? 148

Critical Legal Studies 153

PART Ⅱ.THE ONTOLOGY OF LAW 161

5.Ontology, the Mind, and Behaviorism 161

Ontological Skepticism 161

Mental and Other Metaphysical Entities in Law 167

Behaviorism and the Judicial Perspective 186

6.Are There Right Answers to Legal Questions? 197

Questions of Law 197

Questions of Fact 203

7.What Is Law, and Why Ask? 220

Is It a Body of Rules or Principles, an Activity, or Both? 220

Holmes, Nietzsche, and Pragmatism 239

PART Ⅲ.INTERPRETATION REVISITED 247

8.Common Law versus Statute Law 247

9.Objectivity in Statutory Interpretation 262

The Plain-Meaning Fallacy 262

The Quest for Interpretive Theory 269

Indeterminate Statutory Cases 278

10.How to Decide Statutory and Constitutional Cases 286

Is Communication Ever Possible? 293

Beyond Interpretation 299

A Case Study of Politics and Pragmatism 302

PART Ⅳ.SUBSTANTIVE JUSTICE 313

11.Corrective, Retributive, Procedural, and Distributive Justice 313

Corrective Justice and the Rule of Law 313

A Note on Retributive Justice—and on Rights 330

Formal Justice 332

Distributive Justice 334

What Has Moral Philosophy to Offer Law? 348

12.The Economic Approach to Law 353

The Approach 353

Criticisms of the Positive Theory 362

Criticisms of the Normative Theory 374

Common Law Revisited 387

13.Literary, Feminist, and Communitarian Perspectives on Jurisprudence 393

Law and Literature 393

Natural Law and Feminist Jurisprudence 404

Communitarianism 414

PART Ⅴ.JURISPRUDENCE WITHOUT FOUNDATIONS 423

14.Neotraditionalism 423

The Decline of Law as an Autonomous Discipline 424

The Neotraditionalist Response 433

15.A Pragmatist Manifesto 454

Index 471