Jurisprudence for a Free Society:Studies in Law, Science and Policy

Abstract

Preface. Part I: Law as Fundamental Policy: Jurisprudence in Policy-Oriented Perspective. 1. Criteria for a Theory about Law. 2. Trends in Theories about Law: Establishing and Maintaining Observational Standpoint. 3. Trends in Theories about Law: Delimitation of the Focus of Inquiry. 4. Trends in Theories about Law: The Relation of Law to its Larger Community Context. 5. Trends in Theories about Law: The Conception of Relevant Intellectual Tasks. 6. The Need for a Special Theory for Inquiry about Law: How to Make Decisions in the Common Interest. Part II: The Social Process Context. 1. The Social Process as a Whole. 2. Particular Value-Institution Processes. A. Power. B. Enlightenment. C. Wealth. D. Well-Being. E. Skill. F. Affection. G. Respect. H. Rectitude. 3. Personality: The Dynamics of Personality. 4. Political Personality. 5. Political Culture. Part III: Policy Thinking. 1. The Clarification of Values. 2. The Description of Trend. 3. The Scientific Examination of Conditions. 4. The Projection of Future Developments. 5. The Consideration of Policy Alternatives. Part IV: The Structure of Decision in a Free Society. 1. The Overriding Principles of the Constitutive Process. 2. The Prescribing Function. 3. The Intelligence Function. 4. The Promoting (Recommending) Function. 5. The Invoking Function. 6. The Applying Function. 7. The Terminating Function. 8. The Appraising Function. Appendices. Index.

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