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Jurisprudence : theory and context / Brian H. Bix.
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Title:Jurisprudence : theory and context / Brian H. Bix.
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Author/Creator:Bix, Brian.
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Published/Created:London : Sweet & Maxwell/Thomson Reuters, 2012.
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Holdings
Holdings Record Display
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Location:LAW LIBRARY (level 3)Where is this?
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Call Number: K230.B5786 A348 2012
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Number of Items:1
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Status:Available
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Location:LAW LIBRARY (level 3)Where is this?
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Library of Congress Subjects:Jurisprudence.
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Medical Subjects: Jurisprudence
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Edition:6th ed.
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Description:xx, 342 pages ; 22 cm.
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Summary:The sixth edition has been substantially revised to take into account the most recent scholarly work, and to elaborate on many of the key ideas and arguments.
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Notes:Previous ed.: 2009.
Includes bibliographical references and index.
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ISBN:9780414022980 (pbk.)
041402298X (pbk.)
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Contents:Machine generated contents note: pt. A Legal Theory: Problems and Possibilities
ch. One Overview, Purpose and Methodology
Questions and Answers in Jurisprudence
Descriptive Theory
Transforming the Question
To What Extent is it Legal Theory?
Suggested Further Reading
ch. Two Legal Theory: General Jurisprudence and Conceptual Analysis
Problem of Theories of Law
Conceptual Analysis
Alternative Purposes
Challenges to Conceptual Analysis
Boundary Lines in Law
Conclusion
Suggested Further Reading
pt. B Individual Theories About the Nature of Law
ch. Three H. L. A. Hart and Legal Positivism
Overview of Legal Positivism
Summary of Hart's Position
Rule of Recognition
Internal Aspect of Rules (and of Law)
Open Texture
Minimum Content of Natural Law
Inclusive versus Exclusive Legal Positivism
Other Approaches
Suggested Further Reading
ch. Four Hans Kelsen's Pure Theory of Law
Pure Theory of Law
Reduction and Legal Theory
Hart versus Kelsen
On the Nature of Norms
Suggested Further Reading
ch. Five Natural Law Theory and John Finnis
Traditional Natural Law Theory
Medieval and Renaissance Theorists
John Finnis
Natural Law Theory versus Legal Positivism
Other Directions
Suggested Further Reading
ch. Six Understanding Lon Fuller
Different Kind of Natural Law Theory
Fuller's Approach
Contemporary Views
Fuller and Legal Process
Suggested Further Reading
ch. Seven Ronald Dworkin's Interpretive Approach
Earlier Writings
Constructive Interpretation
Right Answers
Dworkin versus Hart
Debunking Questions
Suggested Further Reading
pt. C Themes and Principles
ch. Eight Justice
John Rawls and Social Contract Theory
Rawls' Two Principles
Rawls' Later Modifications
Robert Nozick and Libertarianism
Michael Sandel, Communitarianism and Civic Republicanism
Feminist Critiques
Suggested Further Reading
ch. Nine Punishment
Starting Point
Retribution
"Making Society Better": Consequentialism/Utilitarianism
Other Objectives
Suggested Further Reading
ch. Ten Rights and Rights Talk
Hohfeld's Analysis
Will Theory Versus Interest Theory
Other Topics
Suggested Further Reading
ch. Eleven Will and Reason
Legal Positivism and Natural Law Theory
Social Contracts and Economic Analysis
Suggested Further Reading
ch. Twelve Authority, Finality and Mistake
Suggested Further Reading
ch. Thirteen Common Law Reasoning and Precedent
Suggested Further Reading
ch. Fourteen Statutory Interpretation and Legislative Intentions
Legislative Intention
"Plain Meaning"
Suggested Further Reading
ch. Fifteen Legal Enforcement of Morality
Dividing Lines
Topics
Hart versus Devlin
New Start
Suggested Further Reading
ch. Sixteen Obligation to Obey the Law
Obligation and Consent
Other Approaches
Argument Against a General Moral Obligation to Obey
Connections
Suggested Further Reading
pt. D Modern Perspectives on Legal Theory
ch. Seventeen American Legal Realism
Target: Formalism
Realism and Legal Analysis
Realism and the Courts
Overview and Postscript
Suggested Further Reading
ch. Eighteen Economic Analysis of Law
In Search of Consensus
Coase Theorem
Description and Analysis
Economics and Justice
Game Theory
Public Choice Theory
Other Variations
Limits of Law and Economics
Suggested Further Reading
ch. Nineteen Modern Critical Perspectives
Critical Legal Studies
"Outsider Jurisprudence"
Feminist Legal Theory
Critical Race Theory
Other Critical Approaches
Suggested Further Reading
ch. Twenty Law and Literature
Interpretation and Constraint
Other Critics
Miscellaneous Connections
Suggested Further Reading
ch. Twenty One Philosophical Foundations of the Common law
Tort Law
Contract
Property
Criminal Law
Causation
Suggested Further Reading
ch. Twenty Two Other Approaches
Historical Jurisprudence
Free Law Movement
Marxist Jurisprudence
Scandinavian Legal Realism
Legal Process
Pragmatism
Postmodernism
Suggested Further Reading.