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 ...
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>
2024.10.21 interpretation as a department in human reason;we read,we puzzle,we puzzle again. then we come to a judgement,and it's a judgement not a choice.it doesn't feel like a preference, it feels l...2024.10.21 interpretation as a department in human reason;we read,we puzzle,we puzzle again. then we come to a judgement,and it's a judgement not a choice.it doesn't feel like a preference, it feels like a judgement about the truth is (展开)
Ronald Dworkin’s Published Papers 凡例: 1. Ronald Dworkin已出版著作与公开发表论文多有重叠,但又有所不同。遍及网络编者尚未发现相对全面的梳理。考虑到便利研究者查找相关文献,编者制作本列表。 2. 本列表收录Ronald Dworkin公开发表于期刊上的论文、评论、书评,以及...
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What is Law: A Critical Review of Dworkin's Answer Law is what really matters in our daily life, deciding our gain or lose in private business, morality and public affairs. Thus, how judges decide cases in different ways, what they think the law is, when th...
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It matters how judge decide cases. It matters most to people unlucky or litigious or wicked or saintly enough to find themselves in court. 我认为应译为:法官如何判案是重要的。这对因不幸、好诉、邪恶或高尚而站在法庭上的人最为重要。 刘鹏飞、张玉荣译为:法官如何判案意义重大。这对那些站在法庭上的所有不幸的人、好诉的人、邪恶的人甚或是高尚的人来说都至关重要。
It matters how judge decide cases. It matters most to people unlucky or litigious or wicked or saintly enough to find themselves in court. 我认为应译为:法官如何判案是重要的。这对因不幸、好诉、邪恶或高尚而站在法庭上的人最为重要。 刘鹏飞、张玉荣译为:法官如何判案意义重大。这对那些站在法庭上的所有不幸的人、好诉的人、邪恶的人甚或是高尚的人来说都至关重要。
It matters how judge decide cases. It matters most to people unlucky or litigious or wicked or saintly enough to find themselves in court. 我认为应译为:法官如何判案是重要的。这对因不幸、好诉、邪恶或高尚而站在法庭上的人最为重要。 刘鹏飞、张玉荣译为:法官如何判案意义重大。这对那些站在法庭上的所有不幸的人、好诉的人、邪恶的人甚或是高尚的人来说都至关重要。
0 有用 Antonio Ko 2020-07-29 13:57:26
读完了之后一直在想,Brown到底是不是演示law as integrity的好例子?在这个案例中存在一个personified community吗?存在common principle吗?尤其是Brown著名的裁判过程,是不是更符合pragmatism呢?
0 有用 Kay 2024-11-02 23:52:09 美国
2024.10.21 interpretation as a department in human reason;we read,we puzzle,we puzzle again. then we come to a judgement,and it's a judgement not a choice.it doesn't feel like a preference, it feels l... 2024.10.21 interpretation as a department in human reason;we read,we puzzle,we puzzle again. then we come to a judgement,and it's a judgement not a choice.it doesn't feel like a preference, it feels like a judgement about the truth is (展开)
0 有用 Golgotha 2022-03-08 16:31:56
德沃金处理别人理论的方式真惊艳。下次得一口气读完它,山羊拉屎般的读书方式糟透了
0 有用 Trillion 2023-06-02 20:16:07 上海
ch1-3
0 有用 Vita Nova 2021-10-14 21:32:21
并不仅仅是法理学。甚至对于理解实践推理也很有帮助。