Jurisprudence: Theory and Context / Edition 6

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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 sixth edition has been revised and updated, taking into account the most recent scholarly work and elaborating on many of the key ideas and arguments.

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Product Details

  • ISBN-13: 9781611633115
  • Publisher: Carolina Academic Press
  • Publication date: 7/30/2012
  • Edition number: 6
  • Pages: 362
  • Sales rank: 387,826
  • Product dimensions: 5.50 (w) x 8.50 (h) x 0.90 (d)

Meet the Author

Brian Bix is Frederick W. Thomas Professor for the Interdisciplinary Study of Law and Language at University of Minnesota Law School. He also holds a joint appointment with the Department of Philosophy.
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Table of Contents

Preface to the Third Edition
Pt. A Legal Theory: Problems and Possibilities 1
Ch. 1 Overview, Purpose and Methodology 3
Ch. 2 Conceptual Questions and Jurisprudence 9
Pt. B Individual Theories About the Nature of Law 31
Ch. 3 H. L. A. Hart and Legal Positivism 33
Ch. 4 Hans Kelsen's Pure Theory of Law 55
Ch. 5 Natural Law Theory and John Finnis 65
Ch. 6 Understanding Lon Fuller 79
Ch. 7 Ronald Dworkin's Interpretive Approach 87
Pt. C Themes and Principles 101
Ch. 8 Justice 103
Ch. 9 Punishment 119
Ch. 10 Rights and Rights Talk 125
Ch. 11 Will and Reason 133
Ch. 12 Authority, Finality and Mistake 139
Ch. 13 Common Law Reasoning and Precedent 145
Ch. 14 Statutory Interpretation and Legislative 151
Ch. 15 Legal Enforcement of Morality 157
Ch. 16 The Obligation to Obey the Law 167
Pt. D Modern Perspectives on Legal Theory 175
Ch. 17 American Legal Realism 177
Ch. 18 Economic Analysis of Law 189
Ch. 19 Modern Critical Perspectives 217
Ch. 20 Law and Literature 237
Ch. 21 Pragmatism and Postmodernism 245
Bibliography 253
List of Cases 281
Index 283
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