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Vol 21 No 11 Nov/Dec 2016

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Modern Jurisprudence: A Philosophical Guide


ISBN13: 9781849460248
Published: April 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £16.99



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This book provides a concise and accessible guide to modern jurisprudence, offering an examination of the major theories and systematic discussion of themes such as legality and justice.

It gives readers a better understanding of the rival viewpoints by exploring the historical developments which give modern thinking its distinctive shape, and placing law in its political context. A key feature of the book is that readers are not simply presented with opposing theories, but are guided through the rival standpoints on the basis of a coherent line of reflection from which an overall sense of the subject can be gained.

Chapters on Hart, Fuller, Rawls, Dworkin and Finnis take the reader systematically through the terrain of modern legal philosophy, tracing the issues back to fundamental questions of philosophy, and indicating lines of criticism that build to a fresh and original perspective on the subject.

Subjects:
Jurisprudence
Contents:
Preface
Acknowledgements
1. Justice, Law and History

PART ONE: FOUNDATIONS
2. Origins of the Western Jurisprudential Tradition
3. The Emergence of ‘Modern’ Political Thought
4. Images of Law from Grotius to Kant

PART TWO: DEBATES
5. Positive Law, Positive Justice: Hart
6. Justice in the ‘Real World’: Dworkin
7. Justice and the Liberal State: Rawls
8. Justice and the Common Good: Finnis
9. Justice and Legality: Fuller
10. Justice and Legal Order: Further Reflections
11. Conclusions?
Index