Halpin, Andrew. 　著

内容

目次

Part 1 Preliminary studies: law, theory and practice - conflictingperspectives? - no conflict - no theory, preliminary observations, conflicts,taking theory out of conflict; law, autonomy and reason - introduction, Raz'slegal reasoning thesis, the legal epithet, some implications, wider issues; astudy on the judicial role: introduction, the theoretical controversyconcerning judicial review, the two models of judicial review, the"undistributed" or "excluded" middle, "an all powerful government", a returnto the realm of fairy tales, replacing fig leaves, concluding remarks;excluded middles, rights answers and vagueness: introduction, right answersto hard cases, some general reflections, vagueness. Part 2 Reasoning withlaw: the uses of words - introduction, commencing an analysis, elementaryanalysis of a term, general terms, an illustration of particular/generalterms, what fixes a general term?, talking of ideas, the state we are at;some themes from Wittgenstein's "Philosophical Investigations" -introduction, a simple overview, the model considered, the game of games,conclusion; an annex on realism; words and concepts - a basic analysis,concepts requiring a participatory response, the significance of experience,conceptual development or conceptual dislocation; implications.