Machine generated contents note: 1.Introduction
Rewards of jurisprudence
Jurisprudence
The arrangement of the contents of this book
Old debates and new frontiers
pt. 1 LAW AS IT IS
2.British legal positivism: Philosophical roots and command theories
Positivism and logical positivism
A continental beginning
Thomas Hobbes and Leviathan
Jeremy Bentham: law and the principle of utility
John Austin's command theory of law
Recommended further reading
3.Herbert Hart's new beginning and new questions
Rules and obligations
External and internal aspects of a legal rule
Primary and secondary rules of obligation: emergence of a legal system
The rule of recognition
International law
Law and morality
British positivism's contribution to jurisprudence
Recommended further reading
4.Germanic legal positivism: Hans Kelsen's quest for the pure theory of law
From empiricism to transcendental idealism
Note continued: From transcendental idealism to the pure theory of law
Distinguishing legal and moral norms
Validity and the basic norm
Logical unity of the legal order and determining whether a norm belongs to the legal order
Legitimacy and revolution
International law
An evaluation of the pure theory of law
Recommended further reading
5.Realism in legal theory
Legal formalism and legal positivism
American realism
Scandinavian realism
Recommended further reading
pt. 2 LAW AND MORALITY
6.Natural law tradition from antiquity to the Enlightenment
Law of nature, natural right and natural law
Two great questions in natural law theory
Fusion of law and morals in early societies
Natural law thinking in Greek philosophy
Reception of natural law in Rome
Christian natural law
Theological beginnings of a secular natural law
The rise of secular natural law: natural rights and social contract
Note continued: Natural rights and common law rights
Legacy of the natural rights theorists
Recommended further reading
7.John Finnis' restatement of classical natural law
Finnis' defence of classical natural law
A return to divine natural law?
The enduring legacy of natural law theory
Recommended further reading
8.Separation of law and morality
Lon Fuller on the morality of law
Ronald Dworkin and the integrity of law
Recommended further reading
pt. 3 SOCIAL DIMENSIONS OF LAW
9.Sociological jurisprudence and sociology of law
Sociology, sociology of law and sociological jurisprudence
Society and class struggle: the sociology of Karl Marx
Max Weber and the rationalisation of the law
Law and social solidarity: Emile Durkheim's legal sociology
The living law: the legal sociology of Eugen Ehrlich
Roscoe Pound and law as social engineering
The achievements of the sociological tradition
Note continued: Recommended further reading
10.Radical jurisprudence: Challenges to liberal legal theory
Liberalism and liberal legal theory
Challenge of the critical legal studies (CLS) movement
Postmodernist challenge
Radical feminist jurisprudence
Challenges to liberal jurisprudence: concluding thoughts
Recommended further reading
11.Economic analysis of law
Background and basic concepts
Transaction costs and the law
Efficiency of the common law hypothesis
Efficiency, wealth maximisation and justice: some criticisms of the Coasean analysis
Public choice theory: the economics of legislation
Importance of economic analysis of law
Recommended further reading
12.Evolutionary jurisprudence
Introduction
Argument from design versus the principle of the accumulation of design
The common law beginnings and the Darwinians before Darwin
Eighteenth-century evolutionism compared with the German historical approach
Note continued: The Austrian school and spontaneous order
Scientific explanations
Role of purposive action in legal evolution: the contribution of institutional theory
Pathways of legal evolution: the lessons from new institutionalism
Normative implications
Recommended further reading
pt. 4 RIGHTS AND JUSTICE
13.Fundamental legal conceptions: The building blocks of legal norms
Bentham and the classification of legal mandates
Hohfeld's analysis of jural relations: the exposition of fundamental legal conceptions
Connecting the two `boxes' in Hohfeld's system
Some logical puzzles in Hohfeld's system
The value of Hohfeld's system
Recommended further reading
14.Justice
Justice according to law and justice of the law
Justice as virtue
Legal justice
Distributive justice as social justice
Justice as fairness: Rawls' theory of justice
Entitlement theory of justice: Nozick's response to Rawls
Evolutionary theory of justice