Modern Jurisprudence: A Philosophical Guide

ISBN-13: 9781509948901 / Angielski / Miękka / 2022 / 312 str.

Sean Coyle

Spis treści

1. Justice, Law and History Morality History Law Situating Jurisprudence PART ONE FOUNDATIONS 2. Origins of the Western Jurisprudential Tradition A Basic Division Aristotelian Political Thought The Abandonment of Aristotle Justice and Community in Plato Suggested Reading 3. Jurisprudence – The Classical Tradition Positive Law Natural Law The Relationship between Natural Law and Positive Law Justice and Determination Human Knowledge of Natural Law A Word on Doctrines Suggested Reading 4. The Emergence of ‘Modern’ Political Thought Hobbes’s View of the Human Condition Law and Society The Political Context of Leviathan A Divided Inheritance Excursus Reason Sociability Absolutism The Right of Nature Suggested Reading 5. Images of Law from Grotius to Kant Grotius as a Natural Law Theorist A New Framework Suggested Reading PART TWO DEBATES 6. Positive Law, Positive Justice: Hart The Basic Dimensions of Hart’s Positivism The Nature of Law Law and Morality Natural Law Justice and Equality Suggested Reading 7. Justice in the ‘Real World’: Dworkin The Philosopher-Judge Could the Law be an Expression of Something other than ‘Integrity’? Objectivity, Truth and Scepticism Philosopher-Kings and Philosopher-Judges Suggested Reading 8. Justice and the Liberal State: Rawls Rational Reflection and Questions of Method The Problem of Justice The First Principle of Justice The Second Principle The Basic Structure in Context Suggested Reading 9. Justice and the Common Good: Finnis Introducing the Political Philosophy The Basic Goods The Status of Practical Reasonableness Order, Community and Justice Justice and Rights The Overall Direction of Finnis’s Account Suggested Reading 10. Justice and Legality: Fuller Legality and Justice Justice and the Institutional Reality of Law Eunomics: The Theory of Good Order The Direction of Fuller’s Thought Suggested Reading 11. Justice and Legal Order: Further Reflections Natural Right and Natural Law The Origin of the Law’s Authority Legal Order and Positive Law Summing Up Suggested Reading PART THREE CRITICAL PERSPECTIVES 12. Disruptive Theories Critical Theory Critical Race Theory Feminist Legal Theory Suggested Reading 13. Conclusions?