洞穴奇案的十四種判決读书介绍
| 类别 | 页数 | 译者 | 网友评分 | 年代 | 出版社 |
|---|---|---|---|---|---|
| 书籍 | None页 | 9.2 | 2020 | 商務印書館(香港)有限公司 |
| 定价 | 出版日期 | 最近访问 | 访问指数 |
|---|---|---|---|
| 2020-02-20 … | 2020-03-05 … | 54 |
Lon Fuller?s Case of the Speluncean Exp/ ~rers is the greatest fictitious legal case of all
time. That is saying a lot, for it has some stiff competition. While its competitors
may outdo it in courtroom drama, character development, or investigative
suspense, none matches it in legal depth or dialectical agility It shows not what
makes some lawyer?s caseload interesting, but what makes law itself interesting. It
would not make a good movie; it is all ?talking heads.? In fact, the parts that
would make a good movie - the events within the cave - are over and done with
by the time Fuller begins his piece. Moreover, these events are not depicted with
cinematic vivacity, but described after the fact with judicial precision and bland-
ness.
Fuller?s live Supreme Court justices tranquilly but rigorously show the
complexity of the facts and the flexibility of legal reasoning. The live opinions
focus on different factual details and legal precedents, and lit them into different
background structures of legal and political principle. By these means Fuller
crystallizes important conflicts of principle and illustrates the major schools of
legal philosophy in his day. Fuller?s case has been called ?a classic in jurispru-
dence,? ? a microcosm of this century?s debates,? and a ?breathtaking intellectual
accomplishment.?*
Although only half a century separates us from the date of Fuller?s essay, the
legal landscape has changed profoundly. I have written nine new judicial opin-
ions on his case, with roughly Fuller?s own objectives in view, hoping to explore
important issues of principle and in the process to bring the depiction of legal
philosophy up to date.
While I would like to depict the major schools of legal philosophy today,
giving each its due, there are a few obstacles that subtly constrain the project.
Suber, Peter. Case of the Speluncean Explorers: Nine New Opinions.
Florence, KY, USA: Routledge, 1998. p ix.
http://site.ebrary.com/lib/cityu/Doc?id=2003075&ppg=9
Copyright ? 1998. Routledge. All rights reserved.
Preface
Introduction 1
Pt. I Lon Fuller's Case of the Speluncean Explorers 5
Opinion of Chief Justice Truepenny 7
Opinion of Justice Foster 10
Opinion of Justice Tatting 15
Opinion of Justice Keen 20
Opinion of Justice Handy 25
Opinion of Justice Tatting 31
Postscript 32
Pt. II Nine New Opinions 33
Opinion of Chief Justice Burnham 35
Opinion of Justice Springham 45
Opinion of Justice Tally 57
Opinion of Justice Hellen 64
Opinion of Justice Trumpet 73
Opinion of Justice Goad 79
Opinion of Justice Frank 89
Opinion of Justice Reckon 91
Opinion of Justice Bond 99
Index 108
作者简介萨伯(Peter suber，1951- )，影响甚广的“开放近用运动”(open Access Movement，提倡在科研文献发表的同时，将电子文本在网上公布，以便读者免费取阅)的发起人。1973年毕业于美国叶尔汉姆学院，1978年获西北大学哲学博士学位。长期担任叶尔汉姆学院哲学教授，也讲授法律、计算机等其他课程。萨伯从事很多领域的社会活动，兼任SPARC(“学者出版与学术资源联盟”)高级研究员和耶鲁大学法学院信息社会项目访问学者等多项职务，还是两家网站(openaccessnews和ODenaccessletters)的博客作者。1991年出版专著《自我修正的悖论》。
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