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社会利益的一项调查

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【作者】庞德,R.

【内容提要】

There has been a notable shift throughout the world from thinking of the task of the legal order as one of adjusting the exercise of free wills to one of satisfying wants, of which free exercise of the will is but one. Accordingly, we must start today from a theory of interests, that is, of the claims or demands or desires which human beings, either individually or in groups or associations or relations, seek to satisfy, of which, therefore, the adjustment of relations and ordering of conduct through the force of politically organized society must take account. I have discussed the general theory of interests, the classification of interests, and the details of individual interests in other places.' As I should put it, individual interests are claims or demands or desires involved immediately in the individual life and asserted in title of that life. Public interests are claims or demands or desires involved in life in a politically organized society and asserted in title of that organization. They are commonly treated as the claims of a politically organized society thought of as a legal entity. Social-interests are claims or demands or desires involved in social life in civilized society and asserted in title of that life. It is not uncommon to treat them as the claims of the whole social group as such.

【关键词】Social interest; Public poliicy; Individual interests; Nature law

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