Table of Contents
Preface to the Third Edition v
Preface to the First Edition vii
Acknowledgements ix
1 Justice, Law and History 1
Morality 4
History 6
Law 10
Situating Jurisprudence 16
Part 1 Foundations
2 Origins of the Western Jurisprudential Tradition 21
A Basic Division 23
Aristotelian Political Thought 29
The Abandonment of Aristotle 33
Justice and Community in Plato 37
Suggested Reading 38
3 Jurisprudence - The Classical Tradition 40
Positive Law 41
Natural Law 43
The Relationship between Natural Law and Positive Law 47
Justice and Determination 50
Human Knowledge of Natural Law 51
A Word on Doctrines 52
Suggested Reading 53
4 The Emergence of 'Modern' Political Thought 54
Hobbes's View of the Human Condition 55
Law and Society 60
The Political Context of Leviathan 62
A Divided Inheritance 68
Excursus 71
Reason 71
Sociability 71
Absolutism 72
The Right of Nature 72
Suggested Reading 73
5 Images of Law from Grotius to Kant 74
Grotius as a Natural Law Theorist 77
A New Framework 81
Suggested Reading 91
Part 2 Debates
6 Positive Law, Positive Justice: Hart 95
The Basic Dimensions of Hart's Positivism 100
The Nature of Law 105
Law and Morality 111
Natural Law 113
Justice and Equality 119
Suggested Reading 123
7 Justice in the 'Real World': Dworkin 125
The Philosopher-Judge 127
Could the Law be an Expression of Something other than 'Integrity'? 136
Objectivity, Truth and Scepticism 145
Philosopher-Kings and Philosopher-Judges 147
Suggested Reading 148
8 Justice and the Liberal State: Rawls 149
Rational Reflection and Questions of Method 152
The Problem of Justice 155
The First Principle of Justice 161
The Second Principle 165
The Basic Structure in Context 170
Suggested Reading 172
9 Justice and the Common Good: Finnis 174
Introducing the Political Philosophy 174
The Basic Goods 178
The Status of Practical Reasonableness 182
Order, Community and Justice 185
Justice and Rights 197
The Overall Direction of Finnis's Account 203
Suggested Reading 205
10 Justice and Legality: Fuller 207
Legality and Justice 208
Justice and the Institutional Reality of Law 218
Eunomics: The Theory of Good Order 222
The Direction of Fuller's Thought 227
Suggested Reading 230
11 Justice and Legal Order: Further Reflections 232
Natural Right and Natural Law 232
The Origin of the Law's Authority 239
Legal Order and Positive Law 245
Summing Up 250
Suggested Reading 252
Part 3 Critical Perspectives
12 Disruptive Theories 255
Critical Theory 256
Critical Race Theory 264
Feminist Legal Theory 270
Suggested Reading 277
13 Conclusions? 279
Index 285
