利益與價值衡量.pdf

1、 Abstract Roscoe Pound is one of the main representatives of contemporary American sociological law, and is one of the most influential jurists in the 20th Century. His jurisprudence have many ideological content and num

2、erous views, hence, studies on the core concepts of his jurisprudence become an important path and critical element to understand his legal theory systematically. Although it is widely acknowledged by the academic circle

3、s that interest theory is the core idea of Pound’s jurisprudence, it has seldom been systematically researched. This paper begins with explaining the interest theory and value measurement theory which is closely connect

4、with interest theory. It aims to systematically describe interest and value measurement theory and demonstrate its core position in Pound’s jurisprudence. This paper firstly describes three approaches to research Pound j

5、urisprudence. They are social control approach, the critical approach for other law schools in the 19th century, and the approach of the end of law. The paper compares three approaches and indicates their related proble

6、m. It further propose that it is necessary to promote a new research approach, that is interest and value measurement approach. Afterwards, this paper demonstrates the reasons why interestand value measurement path is th

7、e best reason that research pound’s jurisprudence. Secondly, the paper discusses the main contents of the interest and value measurement theory, including concept of interests and detailed categories of the interest and

8、exhaustive substance. Thirdly, this paper demonstrates why the interest and value measurement is the core concept of Pound’s jurisprudence. This paper argues that the interest and value measurement is the “key” to unders

9、tand his social control theory, while the interest and value measurement theory has inherent relationships with other ideologies of pound’s jurisprudence. This paper also carefully analyzes this kind of inherent link and

10、 demonstrates that Pound's main ideas are connected by interest and value measurement theory. Fourthly, this paper makes a brief commentary for the core concepts of the jurisprudence of Pound. The paper reveals pragm

11、atism is the foothold behind interest and value measurement theory. Meanwhile it points out that the criterion of value measurement has some shortcomings. Finally, this paper takes the law construction of current China i