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Theory of Rules电子书

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作       者:Llewellyn, Karl N.

出  版  社:University of Chicago Press

出版时间:2011-01-05

字       数:29.2万

所属分类: 进口书 > 外文原版书 > 其他

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Karl N. Llewellyn was one of the founders and major figures of legal realism, and his many keen insights have a central place in American law and legal understanding. Key to Llewellyn's thinking was his conception of rules, put forward in his numerous writings and most famously in his often mischaracterized declaration that they are "pretty playthings." Previously unpublished, The Theory of Rules is the most cogent presentation of his profound and insightful thinking about the life of rules.This book frames the development of Llewellyn's thinking and describes the difference between what rules literally prescribe and what is actually done, with the gap explained by a complex array of practices, conventions, professional skills, and idiosyncrasies, most of which are devoted to achieving a law's larger purpose rather than merely following the letter of a particular rule. Edited, annotated, and with an extensive analytic introduction by leading contemporary legal scholar Frederick Schauer, this rediscovered work contains material not found elsewhere in Llewellyn's writings and will prove a valuable contribution to the existing literature on legal realism.
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EDITOR'S INTRODUCTION

EDITOR'S ACKNOWLEDGMENTS

EDITORIAL NOTES

History and Acknowledgments

CHAPTER I The Frame of the Discussion

CHAPTER II Rules of Law:Command and Prediction

CHAPTER III Rules of Law: The Propositional Form

CHAPTER IV Rule of Thumb and Principle

CHAPTER V Rule of Conduct, and the Legal Order

CHAPTER VI Our Situational Concepts

CHAPTER VII The Advocate' s Leeway

CHAPTER VIII Stabilities within the Leeways

The Remaining Chapters

INDEX

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