Modern Jurisprudence: A Philosophical Guide, 2nd Edition
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Modern Jurisprudence: A Philosophical Guide, 2nd Edition

By Sean Coyle
Hart Publishing August 2017

Specifications

ISBN-13
9781509905614
Publisher
Hart Publishing
Publication
August 2017
Format
Paperback , 274 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This book provides a concise and accessible guide to modern jurisprudence, offering an examination of the major theories and systematic discussion of themes such as legality and justice. It gives readers a better understanding of the rival viewpoints by exploring the historical developments which give modern thinking its distinctive shape, and placing law in its political context. 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 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 build to a fresh and original perspective on the subject. 

Table of Contents

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
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
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
Suggested Reading

5. Images of Law from Grotius to Kant
Grotius as a Natural Lawyer
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

12. Conclusions?

About the Author

Sean Coyle is Professor of English Laws at the University of Birmingham.

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