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Items
Details
Author
Title
Jurisprudence : theory and context / Brian Bix.
Published
Durham, N.C. : Carolina Academic Press, [2012]
Copyright
©2012
Call Number
K230.B57 J87 2012
Edition
Sixth edition.
ISBN
9781611633115 (pbk.)
1611633117 (pbk.)
1611633117 (pbk.)
Description
xx, 342 pages ; 22 cm
System Control No.
(OCoLC)796355143
Bibliography, etc. Note
Includes bibliographical references (pages [291]-328) and index.
Record Appears in
Gift
Purchased from the income of the Cardozo Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Cardozo Fund
Table of Contents
Preface to the Sixth Edition
vii
Why Jurisprudence?
viii
The Selection of Topics
ix
List of Cases
xix
pt. A
Legal Theory: Problems and Possibilities
ch. One
Overview, Purpose and Methodology
3
Questions and Answers in Jurisprudence
3
Descriptive Theory
4
Transforming the Question
5
To What Extent is it Legal Theory?
7
Suggested Further Reading
8
ch. Two
Legal Theory: General Jurisprudence and Conceptual Analysis
9
The Problem of Theories of Law
9
Conceptual Analysis
12
Alternative Purposes
19
Challenges to Conceptual Analysis
25
Boundary Lines in Law
27
Conclusion
29
Suggested Further Reading
30
pt. B
Individual Theories About the Nature of Law
ch. Three
H. L. A. Hart and Legal Positivism
33
An Overview of Legal Positivism
33
Summary of Hart's Position
37
The Rule of Recognition
40
The Internal Aspect of Rules (and of Law)
41
Open Texture
45
The Minimum Content of Natural Law
48
Inclusive versus Exclusive Legal Positivism
49
Other Approaches
52
Suggested Further Reading
55
ch. Four
Hans Kelsen's Pure Theory of Law
57
The Pure Theory of Law
58
Reduction and Legal Theory
61
Hart versus Kelsen
63
On the Nature of Norms
65
Suggested Further Reading
65
ch. Five
Natural Law Theory and John Finnis
67
Traditional Natural Law Theory
67
Medieval and Renaissance Theorists
73
John Finnis
75
Natural Law Theory versus Legal Positivism
77
Other Directions
79
Suggested Further Reading
80
ch. Six
Understanding Lon Fuller
83
A Different Kind of Natural Law Theory
83
Fuller's Approach
84
Contemporary Views
88
Fuller and Legal Process
88
Suggested Further Reading
89
ch. Seven
Ronald Dworkin's Interpretive Approach
91
Earlier Writings
91
Constructive Interpretation
93
Right Answers
98
Dworkin versus Hart
100
Debunking Questions
102
Suggested Further Reading
104
pt. C
Themes and Principles
ch. Eight
Justice
107
John Rawls and Social Contract Theory
109
Rawls' Two Principles
112
Rawls' Later Modifications
114
Robert Nozick and Libertarianism
115
Michael Sandel, Communitarianism and Civic Republicanism
117
Feminist Critiques
120
Suggested Further Reading
122
ch. Nine
Punishment
123
Starting Point
123
Retribution
124
"Making Society Better": Consequentialism/Utilitarianism
126
Other Objectives
127
Suggested Further Reading
128
ch. Ten
Rights and Rights Talk
131
Hohfeld's Analysis
134
Will Theory Versus Interest Theory
136
Other Topics
137
Suggested Further Reading
138
ch. Eleven
Will and Reason
141
Legal Positivism and Natural Law Theory
142
Social Contracts and Economic Analysis
144
Suggested Further Reading
146
ch. Twelve
Authority, Finality and Mistake
147
Suggested Further Reading
151
ch. Thirteen
Common Law Reasoning and Precedent
153
Suggested Further Reading
158
ch. Fourteen
Statutory Interpretation and Legislative Intentions
161
Legislative Intention
161
"Plain Meaning"
163
Suggested Further Reading
166
ch. Fifteen
Legal Enforcement of Morality
169
Dividing Lines
169
Topics
171
Hart versus Devlin
172
A New Start
175
Suggested Further Reading
178
ch. Sixteen
The Obligation to Obey the Law
181
Obligation and Consent
182
Other Approaches
184
The Argument Against a General Moral Obligation to Obey
186
Connections
189
Suggested Further Reading
189
pt. D
Modern Perspectives on Legal Theory
ch. Seventeen
American Legal Realism
193
The Target: Formalism
195
Realism and Legal Analysis
197
Realism and the Courts
200
An Overview and Postscript
202
Suggested Further Reading
204
ch. Eighteen
Economic Analysis of Law
205
In Search of Consensus
206
The Coase Theorem
211
Description and Analysis
216
Economics and Justice
218
Game Theory
221
Public Choice Theory
224
Other Variations
226
The Limits of Law and Economics
227
Suggested Further Reading
231
ch. Nineteen
Modern Critical Perspectives
235
Critical Legal Studies
235
"Outsider Jurisprudence"
240
Feminist Legal Theory
241
Critical Race Theory
247
Other Critical Approaches
253
Suggested Further Reading
254
ch. Twenty
Law and Literature
257
Interpretation and Constraint
258
Other Critics
261
Miscellaneous Connections
262
Suggested Further Reading
263
ch. Twenty One
Philosophical Foundations of the Common law
265
Tort Law
266
Contract
267
Property
268
Criminal Law
270
Causation
271
Suggested Further Reading
272
ch. Twenty Two
Other Approaches
275
Historical Jurisprudence
275
Free Law Movement
276
Marxist Jurisprudence
277
Scandinavian Legal Realism
278
Legal Process
279
Pragmatism
280
Postmodernism
284
Suggested Further Reading
287
Bibliography
291
Index
329