Sean Coyle

Modern Jurisprudence (eBook, PDF)

A Philosophical Guide

• Format: PDF

Produktbeschreibung

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)

Produktdetails

• Verlag: Bloomsbury UK eBooks
• Seitenzahl: 400
• Erscheinungstermin: 16. Juni 2022
• Englisch
• ISBN-13: 9781509948925
• Artikelnr.: 64095280

Autorenporträt

Sean Coyle is Professor of Jurisprudence at the University of Birmingham, UK.

Inhaltsangabe

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?