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Spencer Bower and Handley: Res Judicata

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Knowing What the Law Is: Legal Theory in a New Key


ISBN13: 9781509951338
Published: March 2023
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2021)
Price: £42.99
Hardback edition , ISBN13 9781509951291



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This book provides a selective and somewhat cheeky account of prominent positions in legal theory, such as American legal realism, modern legal positivism, sociological systems theory, institutionalism and critical legal studies. It presents a relational approach to law and a new perspective on legal sources.

The book explores topics of legal theory in a playful manner. It is written and composed in a way that refutes the widespread prejudice that legal theory is a dreary subject, with a cast of characters that occasionally interact in order to illustrate the claims of the book.

Legal experts claim to know what the law is. Legal theory-or jurisprudence-explores whether such claims are warranted. The discipline first emerged at the turn of the 20th century, when the self-confidence of both legal scholarship and judicial craftsmanship became severely shattered, but the crisis continues to this day.

Subjects:
Jurisprudence
Contents:
1. Legal Knowledge
2. Mild and Wild Formalism
3. American Legal Realism
4. Modern Legal Positivism
5. The Demise of Modern Legal Positivism
6. Objective Spirit
7. Rupture
8. The Legal Relation