Buy Modern Jurisprudence A Philosophical Guide 2nd Edition | Law Books , FOREIGN BOOKS
ABOUT THE BOOK
The second edition of this book provides a concise and accessible guide to modern jurisprudence, offering an examination of the major theories as well as highlighting principal themes such as legality and justice. Together with new material, the second edition explores the historical developments and ideas that give modern thinking its distinctive shape. A key feature of the book is that readers are not simply presented with opposing theories, but are guided through the rival standpoints on the basis of a coherent line of reflection from which an overall sense of the subject can be gained. Chapters on Hart, Fuller, Rawls, Dworkin and Finnis, and a new chapter on Acquinas, take 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.
TABLE OF CONTENTS
1. Justice, Law and HistoryMoralityHistoryLawSituating Jurisprudence
PART ONE: FOUNDATIONS2. Origins of the Western Jurisprudential TraditionA Basic DivisionAristotelian Political ThoughtThe Abandonment of AristotleSuggested Reading
3. Jurisprudence: The Classical TraditionPositive LawNatural LawThe Relationship Between Natural Law and Positive LawJustice and DeterminationHuman Knowledge of Natural LawSuggested Reading
4. The Emergence of ‘Modern’ Political ThoughtHobbes’s View of the Human ConditionLaw and SocietyThe Political Context of LeviathanA Divided InheritanceSuggested Reading
5. Images of Law from Grotius to KantGrotius as a Natural LawyerA New FrameworkSuggested Reading
PART TWO: DEBATES6. Positive Law, Positive Justice: HartThe Basic Dimensions of Hart’s PositivismThe Nature of LawLaw and MoralityNatural LawJustice and EqualitySuggested Reading7. Justice in the ‘Real World’: DworkinThe Philosopher-JudgeCould the Law be an Expression of Something Other than ‘Integrity’?Objectivity, Truth and ScepticismPhilosopher-Kings and Philosopher-JudgesSuggested Reading
8. Justice and the Liberal State: RawlsRational Reflection and Questions of MethodThe Problem of JusticeThe First Principle of JusticeThe Second PrincipleThe Basic Structure in ContextSuggested Reading
9. Justice and the Common Good: FinnisIntroducing the Political PhilosophyThe Basic GoodsThe Status of Practical ReasonablenessOrder, Community and JusticeJustice and RightsThe Overall Direction of Finnis’s AccountSuggested Reading
10. Justice and Legality: FullerLegality and JusticeJustice and the Institutional Reality of LawEunomics: The Theory of Good OrderThe Direction of Fuller’s ThoughtSuggested Reading
11. Justice and Legal Order: Further ReflectionsNatural Right and Natural LawThe Origin of the Law’s AuthorityLegal Order and Positive LawSumming UpSuggested Reading
12. Conclusions?
