Understanding Jurisprudence An Introduction to Legal Theory

ISBN-10: 0199272581
ISBN-13: 9780199272587
Edition: 2005
Authors: Raymond Wacks
List price: $65.00
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Description: Understanding Jurisprudence explores the concept of law and its role within society. Detailing both the traditional and modern jurisprudential theories Raymond Wacks clearly relates these often complex arguments to the nature and purpose of our  More...

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Book details

List price: $65.00
Copyright year: 2005
Publisher: Oxford University Press, Incorporated
Publication date: 4/7/2005
Binding: Paperback
Pages: 392
Size: 6.25" wide x 9.00" long x 0.75" tall
Weight: 1.298
Language: English

Understanding Jurisprudence explores the concept of law and its role within society. Detailing both the traditional and modern jurisprudential theories Raymond Wacks clearly relates these often complex arguments to the nature and purpose of our current legal systems. This book reveals the intriguing and challenging nature of jurisprudence with clarity and enthusiasm. Without avoiding the complexities and subtleties of the subject, the author provides an illuminating guide to the central questions of legal theory. An experienced teacher of jurisprudence and distinguished writer in the field, his approach is stimulating, accessible, and entertaining.

Preface
List of Tables and Figures
Acknowledgements
Introduction
An analgesic?
Reading
Why jurisprudence?
Descriptive and normative legal theory
Is eating people wrong?
The point of legal theory
Notes
Natural law
What is natural law?
The development of natural law philosophy
Natural law in political philosophy
Hobbes
Locke
Rousseau
The decline of natural law
The revival of natural law
Fuller's 'inner morality of law'
John Finnis
Hard and soft natural law?
Moral realism
Critique
Questions
Further Reading
Notes
Classical legal positivism
What is legal positivism?
What positivism is not
Jeremy Bentham: the Luther of jurisprudence?
In search of determinacy
Judge & Co.
Codification
John Austin: naive empiricist?
Imperatives
Laws properly so called
Law and power
Bentham and Austin compared
Their general approaches
The definition of law
Commands
Sovereignty
Sanctions
Questions
Further Reading
Notes
Modern legal positivism
The foundations
Hard and soft positivism
H. L. A. Hart
Hart as legal positivist
'Minimum content of natural law'
Breaking with Austin and Bentham
Law and language
Law as a system of rules
Social rules
Secondary rules
The rule of recognition
The existence of a legal system
The 'internal point of view'
The judicial function
'An essay in descriptive sociology'?
Critique
Hans Kelsen
Unadulterated law
A Hierarchy of norms
The Grundnorm
Validity, efficacy, and revolution
International law
Kelsen and Kant
Democracy and the rule of law
Critique
Joseph Raz
The 'sources thesis'
Practical reason
Committed and detached statements
Critique
Questions
Further Reading
Notes
Law as interpretation
An overview
The assault on positivism
Principles and policies
Hercules and hard cases
One right answer
The semantic sting
The rights thesis
Law as literature
Law as integrity
Community
The assault on Dworkin
Questions
Further Reading
Notes
Law and morality
Morals
Natural law v positivism
Hart v Fuller
Judicial morality: a case study
Moral questions
Semantic questions
Public or private morality?
The judge's duty
The judge's choice
The judge's capitulation
The judge and the lawyer
Questions
Further Reading
Notes
Legal realism
What are realists realistic about?
American Realism
Oliver Wendell Holmes
Karl Llewellyn
Jerome Frank
The American Realist method
The Scandinavian Realists
Alf Ross
Karl Olivecrona
Critique
Realism and psychology
Questions
Further Reading
Notes
Law and social theory
What is a sociological perspective?
Roscoe Pound
Social interests and 'jural postulates'
Critique of Pound
Eugen Ehrlich
Emile Durkheim
Law and social solidarity
The function of punishment
Critique of Durkheim
Max Weber
Weber's typology of law
Weber's theory of legitimate domination
Capitalism and law
Critique of Weber
Karl Marx
Historicism
Base and superstructure
Ideology
Goodbye to law?
Legal fetishism
Conflict or consensus?
Michele Foucault
Power
The law
Critique
Jurgen Habermas
The modern state
The law
Critique
Autopoiesis
Whither the sociology of law?
Questions
Further Reading
Notes
Justice
Utilitarianism
Consequences
Preferences
Critique of utilitarianism
The economic analysis of law
Robert Nozick
John Rawls
The rejection of utilitarianism
Social contractarianism
The original position
The two principles of justice
Political liberalism
Critique of Rawls
Questions
Further Reading
Notes
Rights
What is a right?
Theories of rights
Right-based theories
Human rights
Communitarianism
Relativism
Utilitarianism
Socialism
Legal positivism
Critical theory
The future of human rights
Animal rights
Subjectivism and intuitionism
Utilitarianism
Can animals have rights?
Social contractarianism
Intrinsic worth
The rights of animals
Freedom of expression: a case study
Individual or community?
Speaker or audience?
The argument from truth
Self-government
Press freedom
The First Amendment
Speech and action
Balancing
Questions
Further Reading
Notes
Feminist and critical race theory
Origins of feminism
Legal feminisms
Liberal feminism
Radical feminism
Postmodern feminism
Difference feminism
Other feminisms
Critique
Critical Race Theory
CRT and feminist theory
CRT and postmodernism
Questions
Further Reading
Notes
Critical legal theory
Critical Legal Studies
Trashing CLS?
Postmodern legal theory
What is it?
The death of the subject
Jacques Lacan
Jacques Derrida
Foucault and Habermas
The postmodern agenda
Language
Critical theory and individual rights
Critique
Questions
Further Reading
Notes
Glossary
Index

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