法学理论精品外文书共享
大概是从2004年开始收集电子书，从中文到英文，从百灵、读书园地论坛、读书中文网、国学数典论坛、方块字教育社区、人文小屋论坛到netlibrary、questia、gigapedia等网站，从法学到哲学、政治学、经济学、心理学等学科……几乎所有学科的电子书都网罗到硬盘上，到现在已经不少于100G。有人会问，这么多电子书你看得完吗？老实说，看不完，而且我不会拿电子书来阅读。电子书在我看来只是为了做文献，这一点至少帮我顺利完成了毕业论文；而且自有一个电子图书馆可以避免孔夫子搬家的困境，因而这两年书也买得少了。现如今从事学术的梦想业已化为泡影，那就把以前搜集的电子书拿出来与学术同好们分享，希望这些电子书籍能帮助你们在学术之路上不断开垦处女地……
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更多书籍下载及更新请关注：http://www.docin.com/young1225 Interpretation and Legal Theory (Paperback)
by Andrei Marmor
Key Phrases: constructive identification, normal justification thesis, indexical predicates, Twin Earth, Alternative Methods, The Fish-Dworkin Debate (more...)
Product Description
The claim that legal theory is best viewed in the light of a theory of interpretation is subjected here to a comprehensive and critical examination. Interpretation and Legal Theory contains both a critical analysis of some of the most influential interpretative theories of law and an elaborate attempt to defend the legal positivist school of thought in the light of this interpretative challenger, and contains an analysis of the nature of interpretation, the role of authors' intentions in interpretation, the nature of legal theory, and an application of these theoretical considerations to a theory of adjudication in law.
Product Details
Paperback: 192 pages
Publisher: Hart Publishing; 2 edition (January 1, 2005)
Language: English
ISBN-10: 1841134244
ISBN-13: 978-1841134246
这本书在专家找书版块有人求过
现提供阅读下载地址如下：http://www.docin.com/p-24134148.html Law, Pragmatism, and Democracy (Hardcover)
by The Honorable Richard A. Posner (Author)
Key Phrases: everyday pragmatist, pragmatic adjudication, pragmatic judge, United States, John Dewey, First Amendment
Review
Judge Posner offers a vigorous and extended contemporary elaboration of Churchill's aphorism that democracy is the worst form of government except for all the others. He surveys much recent literature on the subject, and as might be expected, he does not favor high-minded participatory and deliberative versions of democratic theory. But overall his is a much more robust defense of existing democratic institutions than has been usual in recent work by those who view politics from the perspective of economics and public choice theory. He also expands in an interesting way on the important pragmatic account of adjudication developed in his earlier writings. The book represents a provocative and readable stretch of the authors ongoing reflections on the intellectual scene: the economist/jurist/judge at the breakfast table.
--Thomas Grey, Stanford Law School (20030801)
This hook is sure to provoke attention to the topic of democratic theory. Among the book's many strengths are the discussions of pragmatism, philosophical and everyday; Dewey on democracy, experimentalism, and distributed intelligence; Schumpeter on democracy; John Marshall's greatness; Kelsen's legal theory and, to a lesser extent because it is a lesser theory, Hayek's legal theory; and the anti-trust theory of judicial decision on the democratic process. These seemingly disparate topics belong together so well that the book sustains reading straight through, as is seldom true of academic works.
--Russell Hardin, Stanford University (20060108)
Posner...presents a brilliant defense of the manner in which Americans organize and operate their government...This book is to be read and reread if one is to understand the intricacies of American constitutional democracy.
--R. J. Steamer (Choice )
Posner is very convincing when he describes how the American political system actually works, how the federal courts actually function, and how public opinion and elections begin to play a role only when the political elites have made a mess of things. This book is one of his best--vigorously argued and written with wit and panache...He is a genuinely original thinker, as well as a prodigy of learning. Able to draw upon an amazingly broad range of reading, he resists stereotypes and allegiances, and goes his own way.
--Richard Rorty (Dissent )
This elegant analysis of democratic theory, by a judge on the United States Court of Appeals for the Seventh Circuit in Chicago, argues for a legal pragmatism that pays greater attention to the consequences of what we do than to abstract principle. (New York Times Book Review )
Judge Posner's book makes a valuable contribution to an expanded understanding of the tense yet mutually reinforcing interaction of law and democracy.
--Arthur Jacobson and John McCormack (International Journal of Constitutional Law )
Product Description
A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making.
Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner's theory steers between political theorists' concept of deliberative democracy on the left and economists' public-choice theory on the right. It makes a significant contribution to the theory of democracy--and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.
Product Details
Hardcover: 416 pages
Publisher: Harvard University Press (March 31, 2003)
Language: English
ISBN-10: 0674010817
ISBN-13: 978-0674010819
阅读下载地址：http://www.docin.com/p-23963931.html The Problematics of Moral and Legal Theory (Paperback)
by The Honorable Richard A. Posner (Author)
Review
Posner believes that most moral understanding is acquired in childhood and largely controlled by parental example, peer pressure, and religion. Once acquired, moral beliefs and commitments can only be changed through "appeals to self-interest and emotional appeals that bypass our rational calculating faculty"...As usual with Posner, the writing is clear, the footnotes abundant and highly informative, and the index excellent. Highest recommendation for all collections.
--J. White (Choice )
should fit the bill for those who might have been curious about what Posner has to say about jurisprudence and the law but were put off by the rather longer books. also fits the bill for scholars, good upper level undergraduates, and graduates students who will benefit from reading an entirely readable book that will provoke them to skirmish with the author over the issues of legal pragmatism.
--Ira L. Strauber (Law and Politics Book Review )
Richard Posner's trenchant criticism of the Kantian assumptions of most contemporary moral philosophy is very refreshing, and much needed. His distinction between "moral entrepreneurs" and "academic moral philosophers" is particularly helpful.
--Richard Rorty, Stanford University, author of Achieving Our Country (Harvard)
More than ever,Richard Posner lays claim to the mantle of Oliver Wendell Holmes, not only in catholicity of interests, but also, in this instance, because Posner's thoroughgoing, no-holds-barred attack on moral philosophy is reminiscent of Holmes's own acerbic views regarding the potential contribution of moral theorizing to ascertaining the meaning of law. These chapters, as well as his attack on the contemporary vogue of "constitutional theory," will surely occasion the greatest controversy, but Posner also has important--and debatable--things to say about the legal profession and its future.
--Sanford Levinson, University of Texas at Austin Law School
The breadth and depth of Posner's scholarship is formidable, and his analyses are always provocative. This book is a highly welcome contribution to contemporary jurisprudential debate.
--Neil Duxbury, Faculty of Law, University of Manchester
Product Description
Richard Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Holmes a century ago. "Posner's trenchant criticism of the Kantian assumptions of most contemporary moral philosophy is very refreshing, and much needed. His distinction between 'moral entrepreneurs' and 'academic moral philosophers' is particularly helpful." --Richard Rorty, Stanford University, author of Achieving Our Country "More than ever, Richard Posner lays claim to the mantle of Oliver Wendell Holmes, not only in catholicity of interests, but also, in this instance, because Posner's thoroughgoing, no-holds-barred attack on moral philosophy is reminiscent of Holmes's own acerbic views regarding the potential contribution of moral theorizing to ascertaining the meaning of law." --Sanford Levinson, University of Texas at Austin
Product Details
Paperback: 336 pages
Publisher: Belknap Press of Harvard University Press (May 15, 2002)
Language: English
ISBN-10: 0674007999
ISBN-13: 978-0674007994
阅读下载地址：http://www.docin.com/p-23965494.html Introduction to Critical Legal Theory (Paperback)
by Ian Ward (Author)
Review
This is very readable and avoids the jargon which litters CLS writing. It thus makes the topic very accessible. The issues are well developed and practical. It engages with the work of other authors students will have studied.
JS Bell, University of Leeds.
Ian Ward's Introduction to Critical Legal Theory provides an introductory explanation, which is at the same time chronological and thematic, of the development of critical thinking in law, with each step shown to be a critical response to the previous one. The central concern is with the efforts made to build on and then move beyond 'modernity' in legal thought: the basis in rationality and the pursuit of truth and justice. The book moves in seven chapters from 'Identifying Modernism', with an exploration of classical Greek thought about truth and the law and an overview of subsequent natural law theories, through Kantian and neo-Kantian critique of modernity, to theories of communitarianism (eg Unger, Nussbaum, Arendt and Habermas) and positivism (eg Hobbes, Locke, Hume, Bentham and Mill to Twining and Tamanaha), economic theories and law (eg from Locke and Smith to Marx, Hayek and Posner) to Foucault and the Critical Legal Studies movement and finally, in Chapter 7, 'Postmodernism and Deconstruction.'The whole book is presented clearly and readably with a self-conscious effort made to engage the student reader. Part of this strategy involves the entertaining technique of introducing many of the legal thinkers by way of their idiosyncrasies. We learn, for example, of the classical Greeks' interest in sex and feasting, Hobbes's belief in the benefits of sweating, Bentham's dislike of lawyers but belief in the merits of gardening and Marx's 'bottomless anger,' but penchant for 'ritualistic picnics' on Hampstead Heath. These delightful insights help draw the reader along Ward's fascinating path through centuries of critical legal thinking. Where the study really takes off, though, is in Chapter 7. Here there is an unmistakable sense of Professor Ward's own enthusiasm for his particular interests. The discussion of Nietzsche, Camus, law and literature (especially Weisberg) and the turn to deconstructionism (from Lyotard to Derrida and Douzinas) is undertaken with verve and insightful clarity. The chapter - and the book - end with a somewhat (by contrast) lacklustre commentary on what are important issues, namely Rorty's pragmatism and the Fish-Fiss dialogue, a discussion of which more could have been made and which seems almost anticlimactic, despite its significance. Finally, Introduction to Critical Legal Theory, like A Critical Introduction to Law, eschews footnotes but provides a substantial bibliography for further reading. Both are worthy additions to the Cavendish stable and are highly recommended.
Cambrian Law Review, 2005. Dr Stephen Skinner. Lecturer in Law, Department of Law, University of Wales, Aberystwyth.
Product Description
Introduction to Critical Legal Theory provides an accessible introduction to the study of law and legal theory. It covers all the seminal movements in classical, modern and postmodern legal thought, engaging the reader with the ideas of jurists as diverse as Aristotle, Hobbes and Kant, Marx, Foucault and Dworkin.
From the Back Cover
Introduction to Critical Legal Theory provides an accessible introduction to the study of law and legal theory. It covers all the seminal movements in classical, modern and postmodern legal thought, engaging the reader with the ideas of jurists as diverse as Aristotle, Hobbes and Kant, Marx, Foucault and Dworkin. At the same time, it impresses the interdisciplinary nature of critical legal thought, introducing the reader to the philosophy, the economics and the politics of law.
This new edition focuses even more intently upon the narrative aspect of critical legal thinking and the re-emergence of a distinctive legal humanism, as well as the various related challenges posed by our 'new' world order.
Introduction to Critical Theory is a comprehensive text for both students and teachers of legal theory, jurisprudence and related subjects.
About the Author
Ian Ward is Professor of Law at the University of Newcastle upon Tyne.
Product Details
Paperback: 224 pages
Publisher: Gaunt; 1 edition (August 1, 1998)
Language: English
ISBN-10: 185941348X
ISBN-13: 978-1859413487
阅读下载地址：http://www.docin.com/p-24144466.html A Theory of Precedent: From Analytical Positivism to a Post-Analytical Philosophy of Law (Hardcover)
by Raimo Siltala
Raimo Siltala (Author)
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(Author)
Key Phrases: judicial signification, judicial revaluation, precedent ideology, Supreme Court, New York, United Kingdom
Product Description
Analytical jurisprudence has been mostly silent on the role of precedent in legal adjudication. What is the content of a judge's precedent ideology, or the rule of precedent-recognition, by means of which the ratio of a case is to be distinguished from mere dicta? In this study, the author identifies six types of judicial precedent-ideology, among them judicial legislation, systemic construction of the underlying reasons of law in the Dworkinian sense, and a radical re-evaluation of the merits of a prior case in later adjudication, as envisioned by the American Realists.
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Product Details
Hardcover: 287 pages
Publisher: Hart Publishing (UK) (July 1, 2001)
Language: English
ISBN-10: 1841131237
ISBN-13: 978-1841131238
阅读下载地址：http://www.docin.com/p-24131559.html 谢谢分享，都是珍品！ 丛书名：European Academy of Legal Theory Series
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Legisprudence: A New Theoretical Approach to Legislation : Proceedings of the Fourth Cenelux-Scandinavian Symposium on Legal Theory (European Academy of Legal Theory Series)
by: Luc Wintgens
http://www.docin.com/p-24490256.html
Making the Law Explicit: The Normativity of Legal Argumentation (European Academy of Legal Theory Monograph)
by: Matthias Klatt
Hart Publishing (UK)
http://www.docin.com/p-24490813.html
The Policy of Law: A Legal Theoretical Framework (European Academy of Legal Theory Monograph)
by: Mauro Zamboni
http://www.docin.com/p-24490824.html
Law as Communication (European Academy of Legal Theory Series)
by: M Van Hoecke
http://www.docin.com/p-24490253.html
Epistemology and Methodology of Comparative Law (European Academy of Legal Theory Series)
by: Belgium) Conference on Epistemology and Methodology of Comparative Law (2002 : Brussels, Conference
http://www.docin.com/p-24489359.html 丛书名：Law in Context
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An Introduction to Law (Law in Context)
by: Phil Harris
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Law as a Means to an End: Threat to the Rule of Law (Law in Context)
by: Brian Z. Tamanaha
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An Introduction to Law and Regulation: Text and Materials (Law in Context)
by: Bronwen Morgan, Karen Yeung
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Property Law: Commentary and Materials (Law in Context)
by: Alison Clarke, Paul Kohler
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Cases and Materials on the English Legal System (Law in Context)
by: Michael Zander
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The Law-Making Process (Law in Context)
by: Michael Zander
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Health Law and the European Union (Law in Context)
by: Tamara K. Hervey, Jean V. McHale
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Perspectives on Labour Law (Law in Context)
by: A. C. L. Davies
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Families and the European Union: Law, Politics and Pluralism (Law in Context)
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British Government and the Constitution: Text and Materials (Law in Context)
by: Colin Turpin, Adam Tomkins
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Making People Illegal: What Globalization Means for Migration and Law (Law in Context)
by: Catherine Dauvergne
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Globalisation and the Western Legal Tradition: Recurring Patterns of Law and Authority (Law in Context)
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http://www.docin.com/p-24509008.html
Environmental Protection, Law and Policy: Text and Materials (Law in Context)
by: Jane Holder, Maria Lee
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Trusts Law: Text and Materials (Law in Context)
by: Graham
http://www.docin.com/p-24510486.html
Law, Infrastructure and Human Rights (Law in Context)
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Atiyah's Accidents, Compensation and the Law (Law in Context)
by: Peter Cane, Patrick Atiyah
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Rethinking Evidence: Exploratory Essays (Law in Context)
by: William Twining
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Sentencing and Criminal Justice (Law in Context)
by: Andrew Ashworth
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Evaluating Scientific Evidence: An Interdisciplinary Framework for Intellectual Due Process (Law in Context)
by: Erica Beecher-Monas
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Analysis of Evidence (Law in Context)
by: Terence Anderson, David Schum, William Twining
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Who Believes in Human Rights?: Reflections on the European Convention (Law in Context)
by: Marie-Benedicte Dembour
http://www.docin.com/p-24511324.html
The Future Governance of Citizenship (Law in Context)
by: Dora Kostakopoulou
http://www.docin.com/p-24511630.html
The Art of Argument: A Guide to Mooting (Law in Context S.)
by: Christopher Kee
http://www.docin.com/p-24510159.html 丛书名：Cambridge Introductions to Philosophy and Law
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An Introduction to Rights (Cambridge Introductions to Philosophy and Law)
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Objectivity and the Rule of Law (Cambridge Introductions to Philosophy and Law)
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Demystifying Legal Reasoning (Cambridge Introductions to Philosophy and Law)
by: Larry Alexander, Emily Sherwin
http://www.docin.com/p-24586831.html 丛书名：Cambridge Studies in Philosophy and Law
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Common Law Theory (Cambridge Studies in Philosophy and Law)
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The Ethics of Deference: Learning from Law's Morals (Cambridge Studies in Philosophy and Law)
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Legal Ethics and Human Dignity (Cambridge Studies in Philosophy and Law)
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Norms in a Wired World (Cambridge Studies in Philosophy and Law)
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Beyond Comparison: Sex and Discrimination (Cambridge Studies in Philosophy and Law)
by: Timothy Macklem
http://www.docin.com/p-24584372.html 非常感谢！ 楼主好书不少,谢谢了.......... 充分利用资源。谢谢楼主了 gigapedia上都有的，不过还是辛苦楼主了
谢谢 好书，谢谢楼主 多谢楼主发贴！ 好动西！多谢楼主！ 楼主牛人啊，呵 引用第7楼young1225于2009-06-20 10:03发表的 :
Making the Law Explicit: The Normativity of Legal Argumentation (European Academy of Legal Theory Monograph)
by: Matthias Klatt
Hart Publishing (UK)
http://www.docin.com/p-24490813.html
.......
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