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This textbook presents a clear exploration of the historical developments and ideas that give modern thinking its distinctive shape.
It guides students through the rival standpoints on jurisprudence from the origins of Western jurisprudential thought and the classical tradition to the emergence of 'modern' political thought. Chapters on Hart, Fuller, Rawls, Dworkin and Finnis lead the reader systematically through the terrain of modern legal philosophy, tracing the issues back to fundamental questions of philosophy, and indicating lines of criticism that result in a fresh and original perspective on the subject.
The third edition includes a new chapter on feminist legal scholarship and non-Western approaches.
Praise for the previous editions:
'An ideal starting place for anyone interested in, or studying, legal philosophy ... Its simple but ambitious aim to provide a concise and accessible guide is easily achieved.' (Student Law Journal)
'A decent choice for an introductory course on jurisprudence, or for a serious student who wishes to study on his or her own.' (Canadian Law Library)
1. Justice, Law and History
Morality
History
Law
Situating Jurisprudence
PART ONE
FOUNDATIONS
2. Origins of the Western Jurisprudential Tradition
A Basic Division
Aristotelian Political Thought
The Abandonment of Aristotle
Justice and Community in Plato
Suggested Reading
3. Jurisprudence – The Classical Tradition
Positive Law
Natural Law
The Relationship between Natural Law and Positive Law
Justice and Determination
Human Knowledge of Natural Law
A Word on Doctrines
Suggested Reading
4. The Emergence of 'Modern' Political Thought
Hobbes's View of the Human Condition
Law and Society
The Political Context of Leviathan
A Divided Inheritance
Excursus
Reason
Sociability
Absolutism
The Right of Nature
Suggested Reading
5. Images of Law from Grotius to Kant
Grotius as a Natural Law Theorist
A New Framework
Suggested Reading
PART TWO
DEBATES
6. Positive Law, Positive Justice: Hart
The Basic Dimensions of Hart's Positivism
The Nature of Law
Law and Morality
Natural Law
Justice and Equality
Suggested Reading
7. Justice in the 'Real World': Dworkin
The Philosopher-Judge
Could the Law be an Expression of Something other than 'Integrity'?
Objectivity, Truth and Scepticism
Philosopher-Kings and Philosopher-Judges
Suggested Reading
8. Justice and the Liberal State: Rawls
Rational Reflection and Questions of Method
The Problem of Justice
The First Principle of Justice
The Second Principle
The Basic Structure in Context
Suggested Reading
9. Justice and the Common Good: Finnis
Introducing the Political Philosophy
The Basic Goods
The Status of Practical Reasonableness
Order, Community and Justice
Justice and Rights
The Overall Direction of Finnis's Account
Suggested Reading
10. Justice and Legality: Fuller
Legality and Justice
Justice and the Institutional Reality of Law
Eunomics: The Theory of Good Order
The Direction of Fuller's Thought
Suggested Reading
11. Justice and Legal Order: Further Reflections
Natural Right and Natural Law
The Origin of the Law's Authority
Legal Order and Positive Law
Summing Up
Suggested Reading
PART THREE
CRITICAL PERSPECTIVES
12. Disruptive Theories
Critical Theory
Critical Race Theory
Feminist Legal Theory
Suggested Reading
13. Conclusions?
Description
This textbook presents a clear exploration of the historical developments and ideas that give modern thinking its distinctive shape.
It guides students through the rival standpoints on jurisprudence from the origins of Western jurisprudential thought and the classical tradition to the emergence of 'modern' political thought. Chapters on Hart, Fuller, Rawls, Dworkin and Finnis lead the reader systematically through the terrain of modern legal philosophy, tracing the issues back to fundamental questions of philosophy, and indicating lines of criticism that result in a fresh and original perspective on the subject.
The third edition includes a new chapter on feminist legal scholarship and non-Western approaches.
Praise for the previous editions:
'An ideal starting place for anyone interested in, or studying, legal philosophy ... Its simple but ambitious aim to provide a concise and accessible guide is easily achieved.' (Student Law Journal)
'A decent choice for an introductory course on jurisprudence, or for a serious student who wishes to study on his or her own.' (Canadian Law Library)
