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Jurisprudence: Theory and Context

Jurisprudence: Theory and Context
9th Edition
ISBN:  9780414111325
Published by:  Sweet & Maxwell
Publication Date:  26 Apr 2023
Subscription Information:  Non-Subscribable Product
Format:  Paperback
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PRODUCT DESCRIPTION

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An excellent introduction to jurisprudence, explaining the often complex and difficult ideas in legal philosophy clearly and concisely. This book will engage readers with the fundamental themes in legal philosophy and the foremost legal theorists, and equip the reader with the tools and knowledge to delve deeper. This edition brings the discussion up-to-date, taking into account the most recent scholarly work.

  • A textbook for students of Jurisprudence, presenting the themes, theories, primary texts and protagonists in jurisprudential thinking, giving the reader a solid grounding in the subject and inspiring and enabling them to locate, read and understand the primary texts.
  • Split into four Parts which cover Legal Theory: Problems and Possibilities; Theories About the Nature of Law; Themes and Principles; and Modern Perspectives on Legal Theory.
  • A list of “Suggested Further Readings” is offered at the end of each chapter, footnote citations to the primary texts are contained within the chapters, and a full Bibliography is provided at the end of the book, for those who wish to locate longer and fuller discussions of the topics.
  • Brian H. Bix is the Frederick W. Thomas Professor of Law and Philosophy at the University of Minnesota, USA.

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CONTENTS

Untitled Document PART A Legal Theory: Problems and Possibilities
  • 1.Overview, Purpose and Methodology
  • 2.Legal Theory: General Jurisprudence and Conceptual Analysis

PART B Theories About the Nature of Law
  • 3.H.L.A. Hart and Legal Positivism
  • 4.Hans Kelsen’s Pure Theory of Law
  • 5.Natural Law Theory and John Finnis
  • 6.Understanding Lon Fuller
  • 7.Ronald Dworkin’s Interpretive Approach

PART C Themes and Principles
  • 8.Justice
  • 9.Punishment
  • 10.Rights and Rights Talk
  • 11.Will and Reason
  • 12.Authority, Finality and Mistake
  • 13.Common Law Reasoning and Precedent
  • 14.Statutory Interpretation and Legislative Intentions
  • 15.Legal Enforcement of Morality
  • 16.The Obligation to Obey the Law

PART D Modern Perspectives on Legal Theory
  • 17.American Legal Realism
  • 18.Economic Analysis of Law
  • 19.Modern Critical Perspectives
  • 20.Law and Literature
  • 21.Philosophical Foundations of the Common law
  • 22. Other Approaches

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