《THE DYNAMICS OF LAW》求取 ⇩

1 THE NATURE AND FUNCTION OF LEGAL RULES1

Why Do We Need Legal Rules?2

Some Requirements for an Effective Legal System3

What Do We Mean by "Legal Rules"?5

Some Categories of Legal Rules6

The Creation and Application of Legal Rules11

2 THE COURTS AND THE PROCESS OF ADJUDICATION13

Court Systems: Organization and Jurisdiction14

The Process of Adjudication22

Appendix: How to Read and Abstract an Appellate Decision33

3 THE TRIAL STAGE37

Trial Procedure in a Civil Case Before a Jury37

The Adversary System44

The Trial Process: Some Problem Areas48

4 | JUDICIAL LAWMAKING Ⅰ: LAW BUILT ON PRECEDENTS65

The Common-Law Tradition66

The Role of Precedents69

Restraints on Judicial Lawmaking96

5 | LAWMAKING BY LEGISLATURES99

The Legislative Process100

Differences Between Decisional and Legislative Lawmaking102

Some Problems of Legislative Drafting109

6 | JUDICIAL LAWMAKING Ⅱ: THE INTERPRETATION OF STATUTES115

The Intention of the Legislature116

The Interpretation of Statutory Language118

The Use of Legislative History132

Other Aids to Statutory Interpretation143

7 JUDICIAL LAWMAKING Ⅲ: INTERPRETING THE CONSTITUTION146

Some Examples of Constitutional Issues147

American Constitutions148

The Supreme Court as the Final Constitutional Arbiter149

The Decline of "Economic Due Process": An Example of Constitutional Evolution162

8 LAWMAKING AND ADJUDICATION BY ADMINISTRATIVE AGENCIES173

The Emergence of the Modern Administrative Agency174

Legislative Rule-Making by Administrators176

Adjudication and Decisional Rule-Making by Administrators184

Achievements and Disappointments192

9 SOME PRIVATE CONTRIBUTIONS TO THE LEGAL SYSTEM194

Private Contributions to Lawmaking195

Private Supplements to Lawmaking: "Quasi-Law" Systems197

Industrial Self-Government Under the Collective-Bargaining Agreement198

10 LAW IN SOCIETY: A CONCLUSION222

BIBLIOGRAPHICAL NOTE225

INDEX OF CASES229

INDEX231