《LAW AND LEGAL SCIENCE:AN INQUIRY INTO THE CONCEPTS LEGAL RULE AND LEGAL SYSTEM》求取 ⇩

ⅠINTRODUCTION1

1 The cultural significance of the concept legal rule1

2 The logic of legal science-'rule'and'system'10

3The tasks of general jurisprudence14

(A) Law and morality14

(B) The improvement of legal vocabulary16

(C) The logical status of legal-scientific statements18

(D) Socio-political inquiries about societies under law22

ⅡTHEORIES OF LAW25

4The will theory of law25

(A) Unity of enforcement entails unity of will25

(B) The value of sovereign will as a constructive metaphor29

5The pure-norm theory of law34

(A) Norm,ought,and will34

(B) The basic norm and the principle of exclusion41

6The psychological theory of law43

(A) Legal rules as rule-ideas43

(B) Rule-ideas as the subject matter of legal science47

7The behavioural theory of law52

(A) Legal rules as rule-situations52

(B) The union of primary and secondary rules57

8 The disputes theory of law64

ⅢTHE PROBLEM OF STRUCTURE70

9 The principles of exclusion and derogation and the identification of legal systems70

10 The principle of non-contradiction81

11The principle of subsumption-rules as constituents of systems84

(A) positive legal rules84

(B) Derivative,extra-systemic,provisional,and generalized legal rules88

12The imperative structure of legal rules92

(A) Duty-imposing and duty-excepting rules93

(B) The possibility of reductionism97

(C) The desirability of reductionism98

(D) Duty and coercion102

ⅣCONCEPTIONS OF VALIDITY107

13 'Validity'not a univocal concept107

14 Momentary and non-momentary legal systems111

15Validity and system-membership115

(A) Validity within momentary systems115

(B) Validity within non-momentary systems120

16 Validity,effectiveness,and goodness122

17 Validity,existence,and reality127

ⅤMODELS OF RATIONALITY132

18 Legal decisions132

19 The will model of rationality134

20 The natural-meaning model of rationality139

21 The doctrine and utility models of rationality143

22Professor Dworkin's rights thesis150

(A) Arguments of principle152

(B) Implications for'The Model of Rules'157

ⅥCONCLUSION165

23 An overall view of law165

Index173