Administrative / Constitutional Law

Jurisprudence: Theory and Context 9th ed

By Brian Bix
Sweet & Maxwell U.K._ May 2023

Specifications

ISBN-13
9780414111325
Publisher
Sweet & Maxwell U.K._
Publication
May 2023
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

An excellent introduction to jurisprudence, explaining the often complex and difficult ideas in legal philosophy clearly and concisely. This book will engage readers with the fundamental themes in legal philosophy and the foremost legal theorists, and equip the reader with the tools and knowledge to delve deeper. This edition brings the discussion up-to-date, taking into account the most recent scholarly work.

 

  • A textbook for students of Jurisprudence, presenting the themes, theories, primary texts and protagonists in jurisprudential thinking, giving the reader a solid grounding in the subject and inspiring and enabling them to locate, read and understand the primary texts.
  • Split into four Parts which cover Legal Theory: Problems and Possibilities; Theories About the Nature of Law; Themes and Principles; and Modern Perspectives on Legal Theory.
  • A list of “Suggested Further Readings” is offered at the end of each chapter, footnote citations to the primary texts are contained within the chapters, and a full Bibliography is provided at the end of the book, for those who wish to locate longer and fuller discussions of the topics.
  • Brian H. Bix is the Frederick W. Thomas Professor of Law and Philosophy at the University of Minnesota, USA.

Table of Contents

Part A: Legal Theory: Problems and Possibilities

Overview, Purpose and Methodology
General Jurisprudence and Conceptual Analysis

Part B: Individual Theories About the Nature of Law

H.L.A. 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 

Part C: Themes and Principles

Justice
Punishment 
Rights and Rights Talk 
Will and Reason
Authority, Finality and Mistake 
Common Law Reasoning and Precedent 
Statutory Interpretation and Legislative Intention
Legal Enforcement of Morality
The Obligation to Obey the Law

Part D: Modern Perspectives on Legal Theory

American Legal Realism
Economic Analysis of Law 
Modern Critical Perspectives
Law and Literature 
Philosophical Foundations of the Common Law
Other Approaches

About the Author

Brian Bix, Frederick W Thomas Professor of Law and Philosophy, University of Minnesota, USA

Reviews

"For clarity, fair-mindedness and engaging treatment of the diverse strands of contemporary legal theory, there is no better guide." 
Jeremiah Smith, Jr., Professor of Law, Harvard Law School
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