Jurisprudence for a Free Society: Studies in Law, Science, and Policy, Band 1Martinus 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. |
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 |
1565 | |
Andere Ausgaben - Alle anzeigen
Jurisprudence for a Free Society: Studies in Law, Science and Policy, Volume II Harold D. Lasswell,Myres S. McDougal Eingeschränkte Leseprobe - 2023 |
Häufige Begriffe und Wortgruppen
activities American Legal Realism analysis application arena authoritative decision authority and control basic behavior choice clarification common interest community policy community process comprehensive conception constitutive process contemporary context culture decision makers demands derivation economic emphasis empirical enlightenment expectations factors formulation frame function future global global social process goals H. L. A. Hart human dignity identify ideology important individual institutions intellectual tasks interaction INTERNATIONAL LAW interview jurisprudence Lasswell LEGAL PHILOSOPHY MAX WEBER MCDOUGAL ment modern myth nation-state natural law norms observer operations organized outcomes participants particular patterns personality perspectives political postulation prescriptions problems process of authoritative Realists rectitude reference relation relevant role rules scientific scientific method shaping and sharing skill social process SOCIAL SCIENCES society SOCIOLOGY SOCIOLOGY OF LAW specific strategies structure SUMMA THEOLOGICA supra note theory and procedures TIMASHEFF tion trends wealth WORLD PUBLIC ORDER YALE L.J.
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