eBook 정보
This lively book reassesses a century of jurisprudential thought from a fresh perspective, and points to a malaise that currently afflicts not only legal theory but law in general. Steven Smith argues that our legal vocabulary and methods of reasoning presuppose classical ontological commitments that were explicitly articulated by thinkers from Aquinas to Coke to Blackstone, and even by Joseph Story. But these commitments are out of sync with the world view that prevails today in academic and professional thinking. So our law-talk thus degenerates into "just words"--or a kind of nonsense.
The diagnosis is similar to that offered by Holmes, the Legal Realists, and other critics over the past century, except that these critics assumed that the older ontological commitments were dead, or at least on their way to extinction; so their aim was to purge legal discourse of what they saw as an archaic and fading metaphysics. Smith's argument starts with essentially the same metaphysical predicament but moves in the opposite direction. Instead of avoiding or marginalizing the "ultimate questions," he argues that we need to face up to them and consider their implications for law.
The diagnosis is similar to that offered by Holmes, the Legal Realists, and other critics over the past century, except that these critics assumed that the older ontological commitments were dead, or at least on their way to extinction; so their aim was to purge legal discourse of what they saw as an archaic and fading metaphysics. Smith's argument starts with essentially the same metaphysical predicament but moves in the opposite direction. Instead of avoiding or marginalizing the "ultimate questions," he argues that we need to face up to them and consider their implications for law.
저자 정보
Steven D. Smith is Warren Distinguished Professor of Law at the University of San Diego.
이 eBook 평가
의견을 알려주세요.
읽기 정보
스마트폰 및 태블릿
노트북 및 컴퓨터
컴퓨터의 웹브라우저를 사용하여 Google Play에서 구매한 오디오북을 들을 수 있습니다.
eReader 및 기타 기기
Kobo eReader 등의 eBook 리더기에서 읽으려면 파일을 다운로드하여 기기로 전송해야 합니다. 지원되는 eBook 리더기로 파일을 전송하려면 고객센터에서 자세한 안내를 따르세요.
