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Jurisprudence and Legal Theory: Commentary and Materials

Edited by: James Penner, David Schiff, Richard Nobles

ISBN13: 9780406946782
ISBN: 0406946787
Published: August 2002
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £66.99



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The book essentially lays out a course of study, which combines both the traditional subject matter of jurisprudence with a highly effective series of introductions into a variety of other theoretical perspectives and provides an extremely accessible introduction to a very difficult subject.

The editor and contributors to the book are all members of the LSE law department who teach or have taught on the LSE undergraduate jurisprudence course and who also are legal theorists in their own right.

The combined experience and talents of the group make the work a distillation of expertise unmatched by any other work on this subject. This text will be relevant to those taking jurisprudence/legal theory courses and political science, philosophy and sociology students doing optional subjects addressing the law and legal systems.

The book is more than a simple compilation of key extracts from the work of leading jurists. It is unique, perhaps, in seeking coverage of many of the major areas of jurisprudence and legal theory through a set of highly individual, themed chapters whose narrative content flows continuously through commentary and extract alike.

Subjects:
Jurisprudence
Contents:
PART I
1. Approaches to Jurisprudence, Legal Theory, and the Philosophy of Law
2. The Evolution of Natural Law
3. Debating with Natural Law: the Emergence of Legal Positivism
4. Modern Positivism: H L A Hart and Analytical Jurisprudence
5. Modern Positivism: Kelson's Pure Theory of Law
6. Classical Social Theory and Law
7. Law as Politics: Progressive American Perspectives
8. Law and Adjudication: Dworkin's Critique of Positivism
9. Law as Integrity: Dworkin's Interpretive Turn
10. The Current Debate: The Semantic Sting, 'Soft Positivism', and the Authority of Law according to Raz
INTRODUCING PART II
Extensions and Negations
11. Disobedience
12. Punishment
13. Hohfeld and the Analysis of Rights
14. Legal Reasoning
15. Justice
16. Introducing Feminist Legal Theory
17. Economic Analysis of Law
18. The Autonomy of Law: An Introduction to Legal Autopoiesis
19. Foucault and Law
20. (Legal) Reason and its 'Others': Some Recent Developments in Legal Theory
Appendix: A Note to Teachers
Bibliography
Index