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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Legacy of John Austin's Jurisprudence

Edited by: Michael Freeman, Mindus Patricia

ISBN13: 9789400748293
Published: October 2012
Publisher: Springer-Verlag
Country of Publication: Germany
Format: Hardback
Price: £135.00

Despatched in 13 to 15 days.

This is the first ever collected volume on John Austin, whose role in the founding of analytical jurisprudence is unquestionable. After 150 years, time has come to assess his legacy. The book fills a void in existing literature, by letting top scholars with diverse outlooks flesh out and discuss Austin,s legacy today. A nuanced, vibrant, and richly diverse picture of both his legal and ethical theories emerges, making a case for a renewal of interest in his work. The book applies multiple perspectives, reflecting Austin,s various interests - stretching from moral theory to theory of law and state, from Roman Law to Constitutional Law - and it offers a comparative outlook on Austin and his legacy in the light of the contemporary debate and major movements within legal theory. It sheds new light on some central issues of practical reasoning: the relation between law and morals, the nature of legal systems, the function of effectiveness, the value-free character of legal theory, the connection between normative and factual inquiries in the law, the role of power, the character of obedience and the notion of duty.

Preface Michael Freeman and Patricia Mindus.
Chapter 1 John Austin and Constructing Theories of law
Brian H. Bix.
Chapter 2 Austin,s Methodology? His Bequest to Jurisprudence
Andrew Halpin.
Chapter 3 "Darkening the Fair Face of Roman Law": Austin and Roman Law
Andrew Lewis.
Chapter 4 Austin, Kelsen and the Model of Sovereignty: Notes on the History of Modern Legal Positivism
Lars Vinx.
Chapter 5 Austin and Scandinavian Realism
Patricia Mindus.
Chapter 6 Sense and Nonsense about Austin's Jurisprudence from a Scandinavian Perspective
Jes Bjarup.
Chapter 7 Did Austin Remain an Austinian?
Wilfrid E. Rumble.
Chapter 8 Austin and the Electors
Pavlos Eleftheriadis.
Chapter 9 Positive Divine Law in Austin
James Bernard Murphy.
Chapter 10 What Is in a Habit?
Michael Rodney.
Chapter 11 Austin, Hobbes, and Dicey
David Dyzenhaus.
Chapter 12 John Stuart Mill on John Austin (and Jeremy Bentham)
Philip Schofield.
Chapter 13 Austin and the Germans
Michael Lobban.
Chapter 14 Positivism before Hart
Frederick Schauer.
Chapter 15 Reconstructing Austin's Intuitions: Positive Morality and Law
Maria Isabel Turegano Mansilla.
About the authors.