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Vol 22 No 2 Feb/March 2017

Book of the Month

Cover of Spencer Bower: Reliance-Based Estoppel

Spencer Bower: Reliance-Based Estoppel

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Jurisprudence 2nd ed

ISBN13: 9781107612570
Previous Edition ISBN: 9780521614832
Published: January 2014
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £39.99

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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.

It critically assesses the major schools of jurisprudential thought throughout history and to the present, from Plato and Aristotle to Enlightenment thinkers, postmodernists and economic analysts. The book challenges students to reconsider their moral intuitions in light of established theories. This edition examines recent debates and literature in legal philosophy. It features new material on scientific advances in cognition and human behaviour in relation to the law.

The book expands significantly on its discussion of natural law theory, evolutionary jurisprudence and theories of justice. Special attention is paid to the revival of theological natural law, challenges to legal positivism, assessments of Scandinavian realism and critiques of law and economics from the Austrian economic perspective.

1. Introduction

Part I. Law As It Is:
2. British legal positivism: philosophical roots and command theories
3. Herbert Hart's new beginning and new question
4. Germanic legal positivism: Han Kelsen's quest for the pure theory of law
5. Realism in legal theory

Part II. Law and Mortality:
6. Natural law tradition from antiquity to enlightenment
7. John Finnis' restatement of classical natural law
8. Separation of law and morality

Part III. Social Dimensions of Law:
9. Sociological jurisprudence and sociology of law
10. Radical jurisprudence: challenges to liberal legal theory
11. Economic analysis of law
12. Evolutionary jurisprudence

Part IV. Rights and justice:
13. Fundamental legal conceptions: the building blocks of legal norms
14. Justice.