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法律规则与社会变迁的过程

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【作者】弗里德曼,L.M.

【内容提要】

 

In recenty earst hereh as been a welcomei ncreasein the attentionp aid by behavior al scientistst to the legal system.A great deal of it-like much jurisprudential thought-has been process oriented.Theorists have been concerned with the way in which decisionsa remade-in whether precedent,race,education,social background, personality,or some other factor predisposes a judge toward one side or another in particular controversies. Scholars have, of course,been extremely interested in the output of legal institutions, but they have often limited their definition of output to results or decisions and have not concerned themselves with another kind of formal output-rules of law……

【关键词】rules of law ;rule skepticism;legislative rulemaking;judical rulemaking;process of social change

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