Jurisprudence : theory and context
著者
書誌事項
Jurisprudence : theory and context
Sweet & Maxwell, 2003
3rd ed
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注記
Previous ed.: 1999
Includes bibliographical references (p. [253]-279) and index
内容説明・目次
内容説明
This title is aimed at students new to the study of jurisprudence. Its intention is to explain the often complex and difficult ideas in legal philosophy as clearly as possible, without over-simplifying them to the point of distortion. As well as introducing the reader to the fundamental themes in legal philosophy, it also describes and comments critically on the writing of the foremost legal theorists. The text is supplemented by Suggested Further Readings which contain references to related materials. For the third edition, the book has been extensively revised, taking into account the most recent scholarly work, and elaborating on many of the key ideas and arguments.
目次
Overview, purpose and methodology. Conceptual questions and jurisprudence. HLA Hart and legal positivism. Hans Kelsen's pure theory of law. Natural law theory and John Finnis. Understanding Lon Fuller. Ronald Dworkin's interpretive approach. Justice. Punishment. Rights and rights talk. Will and reason. Authority, finality and mistake. Common law reasoning and precedent. Statutory interpretation and legislative intentions. Legal enforcement of morality. The Obligation to obey the law. American legal realism. Economic analysis of law. Modern critical perspectives. Law and literature. Pragmatism and postmodernism.
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