Preface |
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xi | |
Introduction: The Birth of Law and the Rise of Jurisprudence |
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1 | (3) |
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The Origins of Law and Jurisprudence |
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4 | (5) |
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A Short History of Jurisprudence |
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9 | (15) |
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24 | (13) |
PART I. THE EPISTEMOLOGY OF LAW |
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Law as Logic, Rules, and Science |
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37 | (34) |
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The Syllogism and Other Methods of Logic |
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38 | (4) |
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Rules, Standards, and Discretion |
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42 | (19) |
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61 | (10) |
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Legal Reasoning as Practical Reasoning |
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71 | (30) |
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What Is Practical Reason? |
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71 | (8) |
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79 | (7) |
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86 | (12) |
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A Note on Legal Education |
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98 | (3) |
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Other Illustrations of Practical Reasoning in Law |
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101 | (23) |
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101 | (4) |
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105 | (3) |
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108 | (4) |
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Submitting to the Test of Time |
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112 | (12) |
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Legitimacy in Adjudication |
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124 | (37) |
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The Problem of Rational Prejudgment |
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124 | (1) |
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125 | (5) |
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Policy versus Pedigree as Warrants for Judicial Action |
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130 | (18) |
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How Are Judges' Visions Changed? |
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148 | (5) |
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153 | (8) |
PART II. THE ONTOLOGY OF LAW |
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Ontology, the Mind, and Behaviorism |
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161 | (36) |
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161 | (6) |
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Mental and Other Metaphysical Entities in Law |
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167 | (19) |
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Behaviorism and the Judicial Perspective |
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186 | (11) |
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Are There Right Answers to Legal Questions? |
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197 | (23) |
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197 | (6) |
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203 | (17) |
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What Is Law, and Why Ask? |
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220 | (27) |
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Is It a Body of Rules or Principles, an Activity, or Both? |
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220 | (19) |
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Holmes, Nietzsche, and Pragmatism |
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239 | (8) |
PART III. INTERPRETATION REVISITED |
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Common Law versus Statute Law |
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247 | (15) |
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Objectivity in Statutory Interpretation |
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262 | (24) |
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The Plain-Meaning Fallacy |
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262 | (7) |
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The Quest for Interpretive Theory |
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269 | (9) |
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Indeterminate Statutory Cases |
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278 | (8) |
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How to Decide Statutory and Constitutional Cases |
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286 | (27) |
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Is Communication Ever Possible? |
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293 | (6) |
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299 | (3) |
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A Case Study of Politics and Pragmatism |
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302 | (11) |
PART IV. SUBSTANTIVE JUSTICE |
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Corrective, Retributive, Procedural, and Distributive Justice |
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313 | (40) |
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Corrective Justice and the Rule of Law |
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313 | (17) |
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A Note on Retributive Justice-and on Rights |
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330 | (2) |
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332 | (2) |
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334 | (14) |
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What Has Moral Philosophy to Offer Law? |
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348 | (5) |
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The Economic Approach to Law |
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353 | (40) |
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353 | (9) |
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Criticisms of the Positive Theory |
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362 | (12) |
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Criticisms of the Normative Theory |
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374 | (13) |
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387 | (6) |
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Literary, Feminist, and Communitarian Perspectives on Jurisprudence |
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393 | (30) |
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393 | (11) |
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Natural Law and Feminist Jurisprudence |
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404 | (10) |
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414 | (9) |
PART V. JURISPRUDENCE WITHOUT FOUNDATIONS |
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423 | (31) |
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The Decline of Law as an Autonomous Discipline |
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424 | (9) |
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The Neotraditionalist Response |
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433 | (21) |
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454 | (17) |
Index |
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471 | |