Jurisprudence for a Free Society: Studies in Law, Science, and Policy, Band 1

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Martinus Nijhoff Publishers, 26.03.1992 - 1 Seiten
"Jurisprudence For a Free Society" is a remarkable contribution to legal theory. In its comprehensiveness and systematic elaboration, it stands among the major theories. It is also the most important jurisprudential statement to emerge in the post-war period. The pioneering work of Lasswell and McDougal on law and policy is already legendary. Most of the work produced by these scholars together and in collaboration with their students represent applications of their basic theory to a wide assortment of international and national legal and policy problems. Now, for the first time, the authoritative statement of their legal philosophy appears as a single volume. In Part I the authors develop their fundamental criteria for a theory about law, including the requirements of clarifying observational standpoint, focus of inquiry and the pertinent intellectual tasks incumbent on the scholar and decisionmaker for determining and achieving common interests. Trends in theories about law, including Natural Law, the Historical School, Positivism, the Sociological Study of Law, American Legal Realism and other contemporary theories, are explored for what they might contribute to the achievement to the authors' conception of an adequate jurisprudence. In Part II, the social process as a whole and the particular value-institutional processes that comprise it are described and analyzed. Because people establish, maintain and change institutions, the dynamics of personality and personality's relation to law is delineated. Part III explores the intellectual tasks of policy thinking, from clarification of values, through description of trend, the scientific examination of conditions, projection of futuredevelopments and the invention of alternatives. Part IV examines the structure of decision in a free society, a society in which the achievement of human dignity is confirmed in both word and deed. Six appendices bring together monographs by the authors over a period of forty years which deal, in more detail, with particular matters treated in the body of the book.

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Inhalt

DELIMITATION
3
The Relation of Law to Its Larger Community
31
The Analysis of Factors Affecting Decision
37
Operations
49
Constitutive Process and Public Order
93
THE RELATION
126
མི2
138
THE CONCEPTION
203
POLITICAL CULTURE
683
THE CLARIFICATION OF VALUES
725
A Note on Derivation
759
THE DESCRIPTION OF TREND
787
THE SCIENTIFIC EXAMINATION OF CONDITIONS
865
THE PROJECTION OF FUTURE DEVELOPMENTS
973
Human Dignity
1017
THE CONSIDERATION OF POLICY ALTERNATIVES
1033

THE NEED FOR A SPECIAL THEORY FOR INQUIRY
327
THE SOCIAL PROCESS AS A WHOLE
335
PARTICULAR VALUEINSTITUTION PROCESSES
375
Section A Power
399
Section B Enlightenment
453
Wealth
473
Outcomes and Effects
494
Wellbeing
509
Section E Skill
525
Outcomes and Effects
532
Section F Affection
539
Section G Respect
557
Section H Rectitude
575
THE DYNAMICS OF PERSONALITY
591
POLITICAL PERSONALITY
631
Political Elite
665
FREE SOCIETY
1131
THE PRESCRIBING FUNCTION
1155
THE INTELLIGENCE FUNCTION
1175
THE PROMOTING RECOMMENDING FUNCTION
1193
THE INVOKING FUNCTION
1203
THE APPLYING FUNCTION
1217
THE TERMINATING FUNCTION
1239
THE APPRAISING FUNCTION
1245
A CONCLUDING NOTE
1260
TOWARD A GENERAL THEORY OF DIRECTED VALUE
1379
CLAIMS MADE TO AUTHORITY FOR THE PROTECTION
1418
AN OUTLINE
1439
PRINCI
1506
INDEX
1565
Urheberrecht

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Autoren-Profil (1992)

Harold D. Lasswell was the wunderkind of American political science. Beginning in his twenties, he attempted through his writings to develop a theory about the individual and society that draws on and illuminates all of the social sciences. When he enrolled in the University of Chicago at age 16, he had already read widely such writers as Kant and Freud. His doctoral dissertation was published in 1927 as Propaganda Technique in the World War, a major work in the development of communications research. He created a phrase that set the agenda for communications research for a generation: "Who says what to whom with what effect?" After World War II, he moved to Yale Law School, where he introduced a generation of law students to the social sciences. He believed that the creation of what he called "the policy sciences" was his greatest achievement; the book by that title that he edited with Daniel Lerner in 1951 is still widely read today.

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