THE POLICY OF LAW A LEGAL THEORETICAL FRAMEWORKPDF电子书下载

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Introduction： ‘Not Law but Politics-Smuggled-into-Law’ 1

Ⅰ.The Theoretical Background 2

Ⅱ.A Map of the Present Work 4

Ⅲ.Key Concepts 6

A.Law， Law-Making and Legal Discipline 6

B.Politics， Political Order and Political Material 8

1 Law and Politics in Contemporary Legal Theory 11

Ⅰ.Law and Politics Debate： Different Directions， Same Starting Line 11

Ⅱ.Law， Politics and Legal Theory： A Way to Tackle the Questions 13

A.Fundamental Issues as to the Relations between Law and Politics 14

B.Ideal-Type as a Heuristic Device 17

Ⅲ.Either Law or Politics： The Autonomous Model 18

A.The Rigidity of Law from Politics 19

B.Closing the Law-Making to the Political Order 22

C.A Legal Discipline Purified of Political Material 25

Ⅳ.Law is Politics： The Embedded Model 29

A.The Flexibility of the Law towards Politics 29

B.Making Law or Making Politics？ 33

C.A Mixed Legal Discipline for a Mixed Law 37

Ⅴ.Law and Politics： The Intersecting Model 41

A.Law and Politics in the Legal Realisms 43

B.The Legal Realists Open the Law-Making 47

C.The Realists’ Legal Discipline and the Political Material 50

Ⅵ.Common Points of the Three Models 54

Ⅶ.Conclusion 58

2 Law， Politics and the Grey Box 61

Ⅰ.The Grey Box： The Transformational Moment in Contemporary Legal Theories 61

Ⅱ.The Transformational Moment and the Autonomous Model 65

A.The Transformational Moment at the Periphery of the Autonomous Model’s Investigation 68

Ⅲ.The Transformational Moment and the Embedded Model 72

A.Self-Evidence of the Transformational Moment 77

Ⅳ.The Transformational Moment and the Intersecting Model 80

A.The Transformational Moment in the Legal Realists’ Analysis 84

Ⅴ.Some Further Light on the Grey Box 87

Ⅵ.Conclusion 90

3 Law and Policy 91

Ⅰ.The Transformational Moment in the Different Models： At the Centre of their Law-Making 91

A.The Politicisation of Contemporary Law 92

B.The Specialisation of Contemporary Law 94

Ⅱ. ...But Some Questions Are Still Open 96

Ⅲ.The Concept of Policy in Political Science 100

Ⅳ.The Concept of Policy in The Minds of Lawyers 104

A.Policy at the Border of the Lawyer’s Attention 105

B.Policy at the Centre of the Lawyer’s Work 107

C.Policy as a Political Phenomenon 108

D.Policy as Standards 113

Ⅴ.The Lawyer’s Policy as Political Standards 115

Ⅵ.Models Outlining Policy According to Contemporary Legal Theory 117

Ⅶ.Conclusion 120

4 The Policy of Law： Opening and Framing the Field 123

Ⅰ.Opening the Field of the ‘Policy of Law’ 123

A.The Policy of Law as Rational Processes Leading to Legal Categories 124

B.The Policy of Law as More than a Political Phenomenon 127

Ⅱ.An Updated Concept of Policy of Law 129

Ⅲ.Legalisation of the Policy of Law 130

Ⅳ.A Traditional Law-Making Model 135

A.Formation of the Legal Political Inputs and Policy of Law Process 135

B.Policy of Law Outputs and Outcomes 139

Ⅴ.Frameworks and Adjustments of the Policy Of Law 142

A.Mutual Character of the Relations between the Arenas 143

B.Mutual Influences Internal to the Legal Arena 148

Ⅵ.Legal Withinputs 149

Ⅶ.Overlapping of the Different Arenas of Law-Making 153

A.Some Exceptional Cases within the Policy of Law Process 160

Ⅷ.Conclusion 161

5 The Policy of Law Analysis 163

Ⅰ.The Politics of Law Analysis and the Law-Making Process 163

Ⅱ.The Sociology of Law and the Law-Making Process 167

Ⅲ.The Policy of Law Analysis 171

A.Separation of the Policy of Law from Legal-Political and Legal-Sociological Studies 172

B.The Policy of Law Analysis as a Distinct Legal Discipline 176

C.Partially Mixed Nature of the Policy of Law Analysis 181

Ⅳ.Conceptual Apparatus of the Policy of Law Scholar 184

Ⅴ.Some Final Comments on the Policy of Law Analysis 188

Ⅵ.Conclusion 190

6 The Policy of Law Analysis： What is the Point？ 193

Ⅰ.A Synopsis 193

Ⅱ.Local， Supranational and International Dimensions of the Policy of Law 197

Ⅲ.The Policy of Law Analysis and Certain Contemporary Phenomena 200

A.The Policy of Law Analysis and Globalisation 200

B.The Policy of Law Analysis and Gender 204

Ⅳ.The Policy of Law Analysis： Some Questions to be Answered 206

A.How Does the Policy of Law Work？ 207

B.Why Do Legal Actors Choose One Legal Category instead of the Other？ 208

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