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Jurisprudence: Theory & Context
By
Brian Bix
Description
This title
explains the often complex and difficult ideas in legal philosophy
clearly and concisely but without over-simplification. It introduces
students to the fundamental themes in legal philosophy. It analyses
and comments on the writing of the foremost legal theorists, and
takes into account the most recent scholarly work.
Reviews
For clarity,
fair-mindedness and engaging treatment of the diverse strands of
contemporary legal theory, there is no better guide... This book
covers more ground with more good sense than many other works do with
many more pages. - Martha Minow, Professor of Law, Harvard Law School
Professor Bix has
a genius for writing about the most difficult and frequently arcane
aspects of legal theory with a remarkable lightness of touch, an
assurance, an authoritativeness, and a degree of accessibility which
no other writer in this area can match... whatever your reason for
wanting to know more about legal theory, you could not do better than
to start with this book. - Adam Tomkins, Fellow and Tutor in Law, St
Catherine\\\\\\\'s College, Oxford
For an overview of
jurisprudence that is insightful as well as clear, critical but also
generous in its assessments, one can\\\\\\\'t do better than this book. -
Robert W Gordon, Yale Law School
\\\"This is as
relevant for lawyers working within a common law system as it is for
those in law reform or academia.\\\" - Legal Week, Dec 2003
Contents
Part A: Legal Theory: Problems and
Possibilities
* Overview,
Purpose and Methodology
- Questions and
Answers in Jurisprudence
- Descriptive
Theory
- Transforming the
Question
- To What Extent
is Legal Theory?
- Suggested
Further Readings
* Conceptual
Questions and Jurisprudence
- The Possibility
of General Jurisprudence
- How Conceptual
Theories Differ
- Alternative
Purposes
- Conceptual
Analysis and Naturalism
- Boundary Lines
in Law
- Conclusion
- Suggested
Further Readings
Part B: Individual Theories About
the Nature of Law
- H.L.A. Hart and
Legal Positivism
- An Overview of
Legal Positivism
- Summary of
Hart\\\\\\\'s Position
- The Rule of
Recognition
- The Internal
Aspect of Rules
- Open Texture
- The Minimum
Content of Natural Law
- Inclusive verses
Exclusive Legal Positivism
- Non-Normative
Approaches
- Suggested
Further Readings
* Hans Kelsen\\\\\\\'s
Pure Theory of Law
- The Pure Theory
of Law
- Reduction and
Legal Theory
- Hart v. Kelsen
- On the Nature of
Norms
- Suggested
Further Readings
* Natural Law
Theory and John Finnis
- Traditional
Natural Law Theory
- Medieval and
Renaissance Theorists
- John Finnis
- Natural Law
Theory verses Legal Positivism
- Other Directions
- Suggested
Further Readings
* Understanding
Lon Fuller
- A second Kind of
Natural Law Theory
- Fuller\\\\\\\'s
Approach
- Fuller and Legal
process
- Suggested
Further Readings
* Ronald Dworkin\\\\\\\'s
Interpretive Approach
- Earlier Writings
- Constructive
Interpretation
- Right Answers
- Dworkin v. Hart
- Debunking
Questions
- Suggested
Further Readings
Part C: Themes and Principles
* Justice
- John Rawls and
Social Contract Theory
- Rawls\\\\\\\' Two
Principles
- Rawls\\\\\\\' Later
Modifications
- Robert Nozick
and Libertarianism
- Michael Sandel,
Communitarianism and Civic Republicanism
- Feminist
Critiques
- Suggested
Further Readings
* Punishment
- Retribution
- \\\"Making
Society Better\\\": Consequentialism/Utilitarianism
- Other Objectives
- Suggested
Further Readings
* Rights and
Rights Talk
- Hohfield\\\\\\\'s
Analysis
- Will Theory
verses Interest Theory
- Other Topics
- Suggested
Further Readings
* Will and reason
- Legal Positivism
and Natural Law Theory
- Social Contracts
and Economic Analysis
- Suggested
Further Readings
- Authority,
Finality and Mistake
- Suggested
Further Readings
* Common Law
Reasoning and Precedent
- Suggested
Further Readings
* Statutory
Interpretation and Legislation Intention
- \\\"Plain
Meaning\\\"
- Suggested
Further Readings
* Legal
Enforcement by Morality
- Dividing Lines
- Topics
- Hart v Devlin
- A New Start
- Suggested
Further Readings
* The Obligation
to Obey the Law
- Obligation and
Consent
- Other Approaches
- The Argument
Against a General Moral Obligation to Obey
- Connections
- Suggested
Further Readings
Part D: Modern Perspectives on Legal
Theory
* American Legal
Realism
- The Target:
Formalism
- Realism and
Legal Analysis
- Realism and the
Courts
- An Overview and
Postscript
- Suggested
Further Readings
* Economic
Analysis of Law
- In Search of
Consensus
- The Coase
Theorem
- Description and
Analysis
- Economics and
Justice
- Game Theory
- Public Choice
Theory
- Other Variations
- The Limits of
Law and Economics
- Suggested
Further Readings
* Modern Critical
Perspectives
- Critical Legal
Studies
- Feminist Legal
Theory
- Critical Race
Theory
- Other Critical
Approaches
- Suggested
Further Readings
* Law and
Literature
- Interpretation
and Constraint
- Critics
- Miscellaneous
Connections
- Suggested
Further Readings
* Pragmatism
- Postmodernism
- Suggested
Further Readings
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