CONTENTS
导读
i. T HE P RACTICAL C ONCEPT OF L AW
ii. The Inner Order of the Social Associations
iii. The Social Associations and the Social Norms
iv. Social and State Sanction of the Norms
v. The Facts of the Law
vi. The Norms for Decision
vii. The State and the Law
viii. The Creation of the Legal Proposition
ix. The Structure of the Legal Proposition
x. The Varying Content of the Concept of Justice
xi. Juristic Science in Rome
xii. Juristic Science in England
xiii. The Juristic Science of the Older Continental Common Law
xiv. The Historical Trend in the Juristic Science of the Continental Common Law
xv. The Function of Juristic Science
xvi. The Law Created by the State
xvii. Changes in the Law in the State and in Society
xviii. The Theory of Customary Law
xix. The Methods of the Sociology of Law. I. Legal History and Juristic Science
xx. The Methods of the Sociology of Law. II. The Study the Living Law
术语汇编与简释
以实际页码为准
Many decades ago Ofner of Vienna pointed out the possibility
of instituting a direct investigation of the sense of law and right
(Rechtsgefiihl) by means of juristic experiment. A year ago
Kobler discussed the idea in detail in the Vienna Juristische
Blatter， and actually instituted experiments in the Freie
juristische Vereini~ gung， which he himself had founded.
Actual or fictitious law cases， even entire court proceedings，
are being submitted to the persons who are being used for the
experiment， who must not be jurists， and who are requested to
express an opinion on them. They can do this only by relying
on their sense of law and right. Is not everyone reminded of the
psychometry of the school of Fechner and Wundt? These tests
are open to the same objections that have been urged against
psychometry. The person who permits himself to be used for
the experiment is not in his usual frame of mind， and he knows，
too， that his judgment does not decide the case; the fictitious
case arouses no passions， does not agitate the emotions， but
addresses itself to the intellect alone. These are sources of error
which a correct method must compute and take into account. In
spite of this however the attempt will produce valuable results，
provided one does not forget about the sources of error.
Method is as infinite as science itself.
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