内容简介
Introduction: Studying Jurisprudence
Principles and justice
Coherence, rules and illusions
Rights, rules and utility
Part One JUSTICE
1. Utilitarianism
Consequences
Positive view of welfare
Rationality
Liberalism, happiness and preferences
Utility and distribution
Rules and utility
2. Rawls
Introduction
1. Ignoring the distinctness of persons
2. The right and the good
The basic idea of the theory
The difference principle
The first principle of justice
Reflective equilibrium
3. Nozick, Markets and Justice
Markets and equality
Problems of private law
4. Finnis on Objective Goods
Desires and objective goods
Objective goods
Goods and the common good
Objective goods and utilitarianism
Justice
Part Two LAW
5. Hart
Legal positivism
Rules and the internal point of view
Powers and secondary rules
The legal system
Judicial decisions
The errors of rival theories
Rules and formal justice
The shared content of legal systems
Legal obligation and the internal point of view
The ambiguity of legal positivism
6. Dworkin
Rules and principles
Principles and positivism
The rule of recognition and the soundest theory
Discretion and rights
Principles and policies
1. Consistency
2. Democracy
3. Retroactivity
The claims of legal positivism
7. Fuller
Facts, values and purposes
The eight principles
Law and purpose
Internal and external morality
Reciprocity, obligation and the rule of recognition
Part Three RIGHTS
8. The Analysis of Rights
Hohfeld
Correlativity of rights and duties
Will and interest theories
Legal and moral rights
9. The Foundation of Rights
Rights and utility
Rights and freedom
Rights as trumps
Index