Jurisprudence For a Free Society : : Volume 2 / / Harold D. Lasswell and Myres S. McDougal.

• Superior document: International Law - Book Archive pre-2000
• VerfasserIn: Lasswell, Harold D.,; McDougal, Myres S.,
• TeilnehmendeR: McDougal, Myres S.,
• Place / Publishing House: Leiden ;, Boston : : Brill | Nijhoff,, 1992.; ©1992
• Year of Publication: 1992
• Language: English
• Series: International Law - Book Archive pre-2000.; The New Haven Studies in International Law and World Public Order ; 7/2.

Jurisprudence For a Free Society is a remarkable contribution to legal theory. In its comprehensiveness and systematic elaboration, it stands among the major theories. It is also the most important jurisprudential statement to emerge in the post-war period. The pioneering work of Lasswell and McDougal on law and policy is already legendary. Most of the work produced by these scholars together and in collaboration with their students represent applications of their basic theory to a wide assortment of international and national legal and policy problems. Now, for the first time, the authoritative statement of their legal philosophy appears as a single volume. Part III explores the intellectual tasks of policy thinking, from clarification of values, through description of trend, the scientific examination of conditions, projection of future developments and the invention of alternatives. Part IV examines the structure of decision in a free society, a society in which the achievement of human dignity is confirmed in both word and deed. Six appendices bring together monographs by the authors over a period of forty years which deal, in more detail, with particular matters treated in the body of the book. The print edition is available as a set of two volumes (9780792309895).

Table of Contents

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.