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Jurisprudence: from the Greeks to Post-Modernism

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ISBN13: 9781859411346
ISBN: 1859411347
Published: December 1995
Publisher: Routledge-Cavendish
Country of Publication: UK
Format: Paperback
Price: £37.99



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This challenging book on jurisprudence begins by posing questions in the post-modern context,and then seeks to bridge the gap between our traditions and contemporary situation. It offers a narrative encompassing the birth of western philosophy in the Greeks and moves through medieval Christendom, Hobbes, the defence of the common law with David Hume, the beginnings of utilitarianism in Adam Smith, Bentham and John Stuart Mill, the hope for enlightenment with Kant, Rousseau, Hegel and Marx, onto the more pessimistic warnings of Weber and Nietzsche. It defends the work of Austin against the reductionism of HLA Hart, analyses the period of high modernity in the writings of Kelsen, Hart and Fuller, and compares the different approaches to justice of Rawls and Nozick. The liberal defence of legality in Ronald Dworkin is contrasted with the more disillusioned accounts of the critical legal studies movement and the personalised accounts of prominent feminist writers.

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Subjects:
Jurisprudence
Contents:
Print on demand title
The Problem of Jurisprudence, or Telling the Truth of Law; Origins; The Laws of Nature, Man's Power and God; Thomas Hobbes and the Origins of the Imperative Theory of Law; David Hume - Defender of Experience and Tradition against the Claims of Reason to Guide Modernity; Immanuel Kant and the Promotion of a Critical Rational Modernity; From Rousseau to Hegel; Adam Smith, Jeremy Bentham and John Stuart Mill; John Austin and the Misunderstood Birth of Legal Positivism; Karl Marx and the Marxist Heritage for Understanding Law and Society; Weber, Nietzsche and the Holocaust; The Pure Theory of Hans Kelsen; The High Point of Legal Positivism; Liberalism and the Idea of the Just Society in Late Modernity; Ronald Dworkin and the Struggle against Disenchantment; Scepticism, Suspicion and the Critical Legal Studies Movement; Understanding Feminist Jurisprudence; Concluding Remarks