三民網路書店 / 搜尋結果

本書主要介紹西方自19世紀以來的各種法學流派及其代表人物和基本觀點，具體包括：法律實證主義及其代表奧斯丁、哈特、凱爾森、拉茲、科爾曼；邊沁和功利主義法學；自然法學派及其代表菲尼斯和富勒；德沃金及其整體性法律；羅爾斯及其正義論；諾齊克及其資格理論；波斯納和經濟分析法學；法社會學及其代表耶林、埃利希、龐德、涂爾干、韋伯、馬克思、盧曼、哈貝馬斯；法律現實主義；歷史法學派；昂格爾和批判法學；以及女性主義法

Can the concept of law be indiscriminately extended to times and places in which it did simply not exist? Such an extension is at best useless and at worst misleading. Producing an intelligible jurisprudence of the concept of law means keeping it within the reasonable boundaries of its contemporary common-sense understanding: positive law. Parallel to Western societies in which it firstly emerged, the concept of positive law developed in many places, including countries characterized as Muslim. There, it faced other existing normativities, like customs and the Sharia. This book aims, from the Muslim world's perspective, to clarify the uses of the concept of law and the ways of studying it, to describe some of its historical developments, including the ideas of constitutional law, customary law and forensic evidence, and to describe present-day practices, including reference to law sources, rules and interpretation.