Jurisprudence: Theory and Context / Edition 6

Jurisprudence: Theory and Context / Edition 6

by Brian Bix
     
 

ISBN-10: 1611633117

ISBN-13: 2901611633114

Pub. Date: 07/30/2012

Publisher: Carolina Academic Press

Jurisprudence is aimed at students new to the study of legal philosophy, also offering new ideas and perspectives that will be of interest to established scholars. Bix seeks to explain the often complex and difficult ideas in Jurisprudence clearly, but in a way that avoids distortion of the ideas through over-simplification. As well as introducing the

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Overview

Jurisprudence is aimed at students new to the study of legal philosophy, also offering new ideas and perspectives that will be of interest to established scholars. Bix seeks to explain the often complex and difficult ideas in Jurisprudence clearly, but in a way that avoids distortion of the ideas through over-simplification. As well as introducing the reader to the fundamental themes in legal philosophy, it also describes and comments critically on the writing of the foremost legal theorists.

The new edition has been extensively revised, taking into account the most recent scholarly work, and elaborating on many of the key ideas and arguments. The Fourth Edition includes two new chapters covering the philosophical foundations of the common law, and a variety of historical or less mainstream approaches to legal theory.

Product Details

ISBN-13:
2901611633114
Publisher:
Carolina Academic Press
Publication date:
07/30/2012
Edition description:
NE
Pages:
362

Table of Contents

Preface to the Third Edition
Pt. ALegal Theory: Problems and Possibilities1
Ch. 1Overview, Purpose and Methodology3
Ch. 2Conceptual Questions and Jurisprudence9
Pt. BIndividual Theories About the Nature of Law31
Ch. 3H. L. A. Hart and Legal Positivism33
Ch. 4Hans Kelsen's Pure Theory of Law55
Ch. 5Natural Law Theory and John Finnis65
Ch. 6Understanding Lon Fuller79
Ch. 7Ronald Dworkin's Interpretive Approach87
Pt. CThemes and Principles101
Ch. 8Justice103
Ch. 9Punishment119
Ch. 10Rights and Rights Talk125
Ch. 11Will and Reason133
Ch. 12Authority, Finality and Mistake139
Ch. 13Common Law Reasoning and Precedent145
Ch. 14Statutory Interpretation and Legislative151
Ch. 15Legal Enforcement of Morality157
Ch. 16The Obligation to Obey the Law167
Pt. DModern Perspectives on Legal Theory175
Ch. 17American Legal Realism177
Ch. 18Economic Analysis of Law189
Ch. 19Modern Critical Perspectives217
Ch. 20Law and Literature237
Ch. 21Pragmatism and Postmodernism245
Bibliography253
List of Cases281
Index283

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