Jurisprudence

Overview

Jurisprudence offers a comprehensive overview of legal theory and philosophy. Written in plain English, it examines and demystifies the discipline's major ideas, promoting a deeper understanding of the social, moral and economic dimensions of the law. It critically assesses the major schools of jurisprudential thought throughout history and to the present, from Plato and Aristotle to Enlightenment thinkers, postmodernists and economic analysts. The book challenges students to reconsider their moral intuitions in ...
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Jurisprudence

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Overview

Jurisprudence offers a comprehensive overview of legal theory and philosophy. Written in plain English, it examines and demystifies the discipline's major ideas, promoting a deeper understanding of the social, moral and economic dimensions of the law. It critically assesses the major schools of jurisprudential thought throughout history and to the present, from Plato and Aristotle to Enlightenment thinkers, postmodernists and economic analysts. The book challenges students to reconsider their moral intuitions in light of established theories. This edition examines recent debates and literature in legal philosophy. It features new material on scientific advances in cognition and human behaviour in relation to the law. The book expands significantly on its discussion of natural law theory, evolutionary jurisprudence and theories of justice. Special attention is paid to the revival of theological natural law, challenges to legal positivism, assessments of Scandinavian realism and critiques of law and economics from the Austrian economic perspective.
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Editorial Reviews

From the Publisher
"Professor Ratnapala's book … [provides] … an accessible overview of the various schools of thought, and of their place in the history of ideas, while also identifying, with a respectfully light touch, the deficiencies in the effort of each school to explain what it is that the courts are doing and why they are doing it. Professor Ratnapala's wide-ranging survey provides a comprehensive study of all the schools of jurisprudence, while at the same time avoiding the temptation to accord some of these schools only a superficial treatment. It will be a useful book for students and for practising lawyers interested in knowing what the students are banging on about. Hopefully, that means all of us. Speaking for myself again, I particularly appreciated the gentle but effective discussion of the place of the school of critical legal studies in the jurisprudential firmament."
—Hon. Justice Patrick Keane, Court of Appeal, Supreme Court of Queensland
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Product Details

  • ISBN-13: 9781107612570
  • Publisher: Cambridge University Press
  • Publication date: 9/10/2013
  • Edition number: 2
  • Pages: 432
  • Sales rank: 1,361,080
  • Product dimensions: 5.90 (w) x 8.90 (h) x 0.90 (d)

Meet the Author

Professor Anura Surindra (Suri) Ratnapala is Professor of Public Law at the T C Beirne School of Law, University of Queensland. He teaches constitutional law, jurisprudence and constitutional political economy; fields in which he has published extensively. He has the degrees of LLB (Colombo); LLM (Macquarie) and PhD (Qld). He is a member of the Australian Academy of Law.
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Table of Contents

1. Introduction; Part I. Law As It Is: 2. British legal positivism: philosophical roots and command theories; 3. Herbert Hart's new beginning and new question; 4. Germanic legal positivism: Han Kelsen's quest for the pure theory of law; 5. Realism in legal theory; Part II. Law and Mortality: 6. Natural law tradition from antiquity to enlightenment; 7. John Finnis' restatement of classical natural law; 8. Separation of law and morality; Part III. Social Dimensions of Law: 9. Sociological jurisprudence and sociology of law; 10. Radical jurisprudence: challenges to liberal legal theory; 11. Economic analysis of law; 12. Evolutionary jurisprudence; Part IV. Rights and Justice: 13. Fundamental legal conceptions: the building blocks of legal norms; 14. Justice.
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