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• Title:Jurisprudence / Suri Ratnapala.
  
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• Author/Creator:Ratnapala, Suri, 1947- author.
  
• Published/Created:Port Melbourne, Vic, Australia : Cambridge University Press, 2013.
  

• Holdings

  Holdings Record Display

  • Location:LAW LIBRARY (level 3)Where is this?
    
  • Call Number: K230.R378 A35 2013
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:Jurisprudence.
  
• Medical Subjects: Jurisprudence
  
• Edition:Second edition.
  
• Description:xii, 420 pages : illustrations ; 23 cm
  
• Summary:Jurisprudence offers a comprehensive overview of legal theory and philosophy. Written in plain English, it examines and demystifies the discipline's major ideas, promoting a deeper understanding of the social, moral and economic dimensions of the law. Suri Ratnapla from University of Queensland.
  
• Notes:Includes bibliographical references (pages 399-408) and index.
  
• ISBN:9781107612570 (pbk.)
  1107612578 (pbk.)
  
• Contents:Machine generated contents note: 1. Introduction
  Rewards of jurisprudence
  Jurisprudence
  arrangement of the contents of this book
  Old debates and new frontiers
  2. British legal positivism: Philosophical roots and command theories
  Positivism and logical positivism
  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
  rule of recognition
  International law
  Law and morality
  British positivism's contribution to jurisprudence
  Recommended further reading
  4. Germanic legal positivism: Han Kelsen's quest for the pure theory of law
  From empiricism to transcendental idealism
  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
  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
  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
  rise of secular natural law: natural rights and social contract
  Recommended further reading
  7. John Finnis' restatement of classical natural law
  Finnis' defence of classical natural law
  return to divine natural law?
  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
  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
  living law: the legal sociology of Eugen Ehrlich
  Roscoe Pound and law as social engineering
  achievements of the sociological tradition
  Recommended further reading
  10. Radical jurisprudence: Challenges to liberal legal theory
  Liberalism and liberal legal theory
  Challenge of the critical legal studies (CLS) movement
  Postmodemist challenge
  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
  common law beginnings and the Darwinians before Darwin
  Eighteenth-century evolutionism compared with the German historical approach
  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
  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
  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
  Recommended further reading.