概念法学与法律理论中的实质与方法

IF 2.4 2区社会学 Q1 LAW

Virginia Law Review Pub Date : 2002-09-01 DOI:10.2307/1073998

K. Himma

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引用次数: 16

摘要

本文是对科尔曼的《原则的实践:为实用主义法学理论辩护》一书的综合评述。虽然科尔曼主要关注的是为概念分析的方法论辩护，但他在此过程中提出了许多实质性问题，包括法律、裁判和侵权行为的理论问题，他的分析代表了这些问题的最新进展。尽管《原则的实践》在它所涉及的几乎每一个问题上都有重大突破，但我认为，他关于概念法理学和法律理论的许多实质性和方法论主张都存在问题——无论是关于他关于法律理论的观点，还是关于他关于侵权理论的观点。

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Substance and Method in Conceptual Jurisprudence and Legal Theory

This is a comprehensive review of Jules L. Coleman's The Practice of Principle: In Defence of a Pragmatist Approach to Legal Theory. Though Coleman is principally concerned to defend a methodology for conceptual analysis, he addresses a number of substantive issues along the way, including issues in the theories of law, adjudication, and torts, and his analysis represents the state of the art on each of these issues. Althogh The Practice of Principle breaks significant ground on nearly every issue it touches, I argue that there are problems with many of his substantive and mehtodological claims about conceptual jurisprudence and legal theory-- both with respect to his views about the theory of law and with respect to his views about the theory of torts.

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来源期刊

Virginia Law Review LAW-

CiteScore

2.70

自引率

3.80%

发文量

期刊介绍： The Virginia Law Review is a journal of general legal scholarship published by the students of the University of Virginia School of Law. The continuing objective of the Virginia Law Review is to publish a professional periodical devoted to legal and law-related issues that can be of use to judges, practitioners, teachers, legislators, students, and others interested in the law. First formally organized on April 23, 1913, the Virginia Law Review today remains one of the most respected and influential student legal periodicals in the country.