法律的概念

IF 1.9 2区社会学 Q1 LAW

University of Chicago Law Review Pub Date : 2017-05-13 DOI:10.4324/9781315573298

Thomas B. Ginsburg, N. Stephanopoulos

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引用次数: 14

摘要

概念是法律原则的基石。所有的法律规则和标准，实际上都是由概念以不同的方式组合而成的。但是，尽管法律概念处于中心地位，但它们并没有得到很好的理解。对于什么使一个法律概念有用或无效——值得保留或需要修改——没有一致意见。然而，社会科学家已经为成功的概念制定了一套标准。其中，最重要的是可测量性:至少在原则上，用数据评估一个概念的能力。在本文中，我们将社会科学标准应用于美国宪法中的一些概念和概念关系。我们表明，这一领域既包括贫穷和有效的概念和概念链接。我们还解释了如何改进糟糕概念的例子。

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The Concepts of Law

Concepts are the building blocks of legal doctrine. All legal rules and standards, in fact, are formed by combining concepts in different ways. But despite their centrality, legal concepts are not well understood. There is no agreement as to what makes a legal concept useful or ineffective—worth keeping or in need of revision. Social scientists, however, have developed a set of criteria for successful concepts. Of these, the most important is measurability: the ability, at least in principle, to assess a concept with data. In this Essay, we apply the social scientific criteria to a number of concepts and conceptual relationships in American constitutional law. We show that this field includes both poor and effective concepts and conceptual links. We also explain how the examples of poor concepts could be improved.

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来源期刊

University of Chicago Law Review LAW-

CiteScore

2.40

自引率

5.00%

发文量

期刊介绍： The University of Chicago Law Review is a quarterly journal of legal scholarship. Often cited in Supreme Court and other court opinions, as well as in other scholarly works, it is among the most influential journals in the field. Students have full responsibility for editing and publishing the Law Review; they also contribute original scholarship of their own. The Law Review"s editorial board selects all pieces for publication and, with the assistance of staff members, performs substantive and technical edits on each of these pieces prior to publication.