Jurisprudence

This challenging book on jurisprudence begins by posing questions in the post-modern context,and then seeks to bridge the gap between our traditions and contemporary situation. It offers a narrative encompassing the birth of western philosophy in the Greeks and moves through medieval Christendom, Hobbes, the defence of the common law with David Hume, the beginnings of utilitarianism in Adam Smith, Bentham and John Stuart Mill, the hope for enlightenment with Kant, Rousseau, Hegel and Marx, onto the more pessimistic warnings of Weber and Nietzsche. It defends the work of Austin against the reductionism of HLA Hart, analyses the period of high modernity in the writings of Kelsen, Hart and Fuller, and compares the different approaches to justice of Rawls and Nozick. The liberal defence of legality in Ronald Dworkin is contrasted with the more disillusioned accounts of the critical legal studies movement and the personalised accounts of prominent feminist writers.

ISBN 1859411347   Pages 600 ISBN13 9781859411346 (What's this?)   Volumes 1 Publisher Taylor & Francis Ltd   Weight (grammes) 1150 Imprint Routledge Cavendish   Published in London Format Paperback   Series title Back Publication date 12 Dec 1995   Height (mm) 234 Library of Congress KD51-9500, K215-218, K201-487   Width (mm) 156 DEWEY 340   Spine width (mm) 30 DEWEY edition DC21   Academic level Tertiary education, Professional / Scholarly

		Preface
1		The Problem of Jurisprudence, or Telling the Truth of Law: an entry into recurring questions?		1
2		Origins: Classical Greece and the idea of Natural Law		15
Pt. 1		Law and the Existential Question		15
Pt. 2		The Context for the Natural Law of the Classical Greeks		26
Pt. 3		Plato's Jurisprudence		34
Pt. 4		The Jurisprudence of Aristotle		41
3		The Laws of Nature, Man's Power and God: the synthesis of medieval Christendom		51
4		Thomas Hobbes and the Origins of the Imperative Theory of Law: or mana transformed into earthly power		75
5		David Hume - Defender of Experience and Tradition against the Claims of Reason to Guide Modernity		103
6		Immanuel Kant and the Promotion of a Critical Rational Modernity		131
7		From Rousseau to Hegel: the birth of the expressive tradition of law and the dream of Law's Ethical Life		153
Pt. 1		The Ambiguous Romanticism of Rousseau and the Expressive Idea of the Social Contract		153
Pt. 2		Frederick Hegel: The Philosophy of Total Reconciliation and the Search for Law's Ethical Life		163
8		Adam Smith, Jeremy Bentham and John Stuart Mill: the early development of a utilitarian foundation for law		179
Pt. 1		Industry, Capitalism and the Justice of the Hidden Hand of the Market: The Work of Adam Smith		179
Pt. 2		Jeremy Bentham (1748-1832) and the Origins of Modern Utilitarian Jurisprudence		186
Pt. 3		John Stuart Mill: The Reform of Utilitarianism and the Development of the Principle of Liberty		199
9		John Austin and the Misunderstood Birth of Legal Positivism		213
Pt. 1		Rescuing Austin from the Commentators		218
Pt. 2		Understanding the Structure of Austin's Jurisprudence		231
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