二十世纪美国法理学与法哲学——主要论题与进展

Jurisprudence and Legal Philosophy in Twentieth:Century America——Major Themes and Developments

二十世纪美国法理学与法哲学可以说始于大约1880年,以霍姆斯(Oliver Wendell Holmes)的著作《普通法》的出版为标志。在该著作和他1897年的那篇广受阅读的文章《法律之路》中,霍姆斯以不同的强调程度提出了四个此后主导美国法理学和法哲学的论题:(1)

This is an article for the Association of American Law Schools' Jurisprudence Workshop published in 36 Journal of Legal Education(1986).In this lecture,the author traces some main lines of development on main themes of jurisprudence and legal philosophy in twentieth —century America,through the work of leading and representative figures from Holmes to the late Lon L.Fuller. About the Author:Martin P.Golding was born in New York City in 1930.He is professor of philosophy and law at Duke University where he has taught since 1976.Previously he taught at Columbia University and the John Jay College of Criminal Justice.He received the B.A.and M.A.degrees from the University of California at Los Angeles and the Ph.D.from Columbia University.Professor Golding is the author of Philosophy of Law (with Chinese, Japanese and other language translations) and Legal Reasoning and Various articles in legal philosophy and ethics. The following translation of the articte is by professor Gu Su,dept.of Philosphy,Nanjing University,believing that its penetrating their research in jurisprudence and legal philosophy, and with special thanks to Prof.Golding for his kind help and arrangement and to its copyright holder AALS for its permission.