论文部分内容阅读
在1946年,斯通教授出版过一本很重要的书,《法律的范围与功能》。它的重要性,不仅在于它对法律规则的考察(这些法律规则特别是从英联邦与合众国的习惯法管辖领域中汲取而来的),以及它对有关法哲学和法理学传统著述的考察;而更为重要的是在于它是在强调必须对那些规则的哲学基础和社会学基础进行探索的标题下安排讨论。作者一贯是霍姆斯法官先生那条严格原理的宣教人:“要成为任何一门知识的内行,你必须掌握好与它相近的那些知识。”法律家们——至少英国的法律家们——习惯上向来满足于他们自己的学科。对于阅读过《范围与功能》的人们说来,恰好在说服他们为什么不能满意他们以往所受的教育这一点上,它是开头几步中的一步。
In 1946, Professor Stone published a very important book, “The Scope and Function of Law.” Its importance lies not only in its examination of legal rules, which are drawn especially from the jurisdictions of common law in the Commonwealth and the United States, but also in its examination of traditional writings on legal philosophy and jurisprudence; More important, however, lies in the fact that it arranges discussions under the headings of emphasizing the need to explore the philosophical and sociological foundations of those rules. The author has always been the presumptuous advocate of Justice Holmes’s rule: “To become an expert in any one knowledge you must have the knowledge that is close to it.” Lawyers - at least English lawyers - Habits have always been satisfied with their own discipline. It is just one step in the first few steps for those who read “scope and function” just to convince them not to be satisfied with the education they have received in the past.