Jurisprudence For a Free Society is a remarkable contribution to legal theory. In its comprehensiveness and systematic elaboration, it stands among the major theories. It is also the most important jurisprudential statement to emerge in the post-war period. The pioneering work of Lasswell and McDougal on law and policy is already legendary. Most of the work produced by these scholars together and in collaboration with their students represent applications of their basic theory to a wide assortment of international and national legal and policy problems. Now, for the first time, the authoritative statement of their legal philosophy appears as a single volume.
In Part I the authors develop their fundamental criteria for a theory about law, including the requirements of clarifying observational standpoint, focus of inquiry and the pertinent intellectual tasks incumbent on the scholar and decisionmaker for determining and achieving common interests. Trends in theories about law, including Natural Law, the Historical School, Positivism, the Sociological Study of Law, American Legal Realism and other contemporary theories, are explored for what they might contribute to the achievement to the authors' conception of an adequate jurisprudence.
In Part II, the social process as a whole and the particular value-institutional processes that comprise it are described and analyzed. Because people establish, maintain and change institutions, the dynamics of personality and personality's relation to law is delineated.
Part III explores the intellectual tasks of policy thinking, from clarification of values, through description of trend, the scientific examination of conditions, projection of future developments and the invention of alternatives.
Part IV examines the structure of decision in a free society, a society in which the achievement of human dignity is confirmed in both word and deed.
Six appendices bring together monographs by the authors over a period of forty years which deal, in more detail, with particular matters treated in the body of the book.
Set of two.
Part I: Law as Fundamental Policy: Jurisprudence in Policy-Oriented Perspective. 1. Criteria for a Theory about Law.
2. Trends in Theories about Law: Establishing and Maintaining Observational Standpoint.
3. Trends in Theories about Law: Delimitation of the Focus of Inquiry.
4. Trends in Theories about Law: The Relation of Law to its Larger Community Context.
5. Trends in Theories about Law: The Conception of Relevant Intellectual Tasks.
6. The Need for a Special Theory for Inquiry about Law: How to Make Decisions in the Common Interest.
Part II: The Social Process Context. 1. The Social Process as a Whole.
2. Particular Value-Institution Processes.
3. Personality: The Dynamics of Personality.
4. Political Personality.
5. Political Culture.
Part III: Policy Thinking. 1. The Clarification of Values.
2. The Description of Trend.
3. The Scientific Examination of Conditions.
4. The Projection of Future Developments.
5. The Consideration of Policy Alternatives.
Part IV: The Structure of Decision in a Free Society. 1. The Overriding Principles of the Constitutive Process.
2. The Prescribing Function.
3. The Intelligence Function.
4. The Promoting (Recommending) Function.
5. The Invoking Function.
6. The Applying Function.
7. The Terminating Function.
8. The Appraising Function. Appendices. Index.