Jurisprudence: themes and concepts

Description

Cover; Title; Copyright; Dedication; Contents; Acknowledgements and attributions; Abbreviations; Introduction; The themes; How to use this book; PART I: LAW AND MODERNITY; I. THE ADVENT OF MODERNITY; 1 Overview; The idea of progress; Specialisation of knowledge and the individual; Thinking about modern law; 2 Social contract theory; The emergence of the sovereign state -- Westphalia as marker of transition; Hobbes, theorist of the modern state; John Locke: social contract and the law of private property; Rousseau: law between equality and self-government;Jurisprudence: Themes and Concepts offers an original introduction to, and critical analysis of, the central themes studied in jurisprudence courses. The book is presented in three parts: the first two contain general themes with corresponding tutorial questions, and the third contains advanced topics. Every chapter in the bookgives guidance on further reading. Cover Title Copyright Dedication Contents Acknowledgements and attributions Abbreviations Introduction The themes How to use this book PART I: LAW AND MODERNITY I. THE ADVENT OF MODERNITY 1 Overview The idea of progress Specialisation of knowledge and the individual Thinking about modern law 2 Social contract theory The emergence of the sovereign state -- Westphalia as marker of transition Hobbes, theorist of the modern state John Locke: social contract and the law of private property Rousseau: law between equality and self-government 3 Law and the rise of the market systemThe institutional dimension The market system 4 Law and the political Elements of the modern state Sovereignty Holding sovereign power to account II. THEORISTS AND CRITICS OF MODERNITY 5 Law, class and conflict The function of law Ideology 6 Law, legitimation and rationality Max Weber: modernity and formal legal rationality Forms of political authority Forms of legal rationality The development of legal modernity Modern law and the economic system Weber as theorist and as critic of modernity 7 Law, community and social solidarity III. TRANSFORMATIONS OF MODERN LAW8 The rise and decline of the rule of law The materialisation of modern law Law in the welfare state Beyond the welfare state 9 Law and globalisation Sovereignty after globalisation Constitutionalism beyond the state 'Unthinking' modern law GENERAL PART I TUTORIALS Tutorial 1 Sovereignty Tutorial 2 Social contract Tutorial 3 Law and general will: Rousseau's social contract Tutorial 4 Property rights: justification and limits Tutorial 5 Property rights Tutorial 6 Understanding legal modernity Tutorial 7 Globalisation and regulation Tutorial 8 The structure of rightsPART II: LEGAL SYSTEM AND LEGAL REASONING I. LEGALITY AND VALIDITY 10 The differentiation of law and morality 11 Identifying valid law: the positivist thesis Hart's concept of law Kelsen's 'pure' theory of law 12 The challenge of natural law The question of form The question of content II. THEORIES OF LEGAL REASONING Introduction 13 Formalism and rule-scepticism The promise of formalism The challenge of American legal realism 14 The turn to interpretation Hart and the 'open texture' of legal language MacCormick and the limits of discretion Dworkin, justification and integrity15 The politics of legal reasoning Critical legal theory The U.S. critical legal studies movement Feminist critiques of adjudication GENERAL PART II TUTORIALS Tutorial 1 Legality and the rule of law Tutorial 2 Law, power and the rule of law Tutorial 3 Identifying valid law: legal positivism Tutorial 4 Identifying valid law: natural law Tutorial 5 Law and morality Tutorial 6 Interpreting or making the law? [1] Tutorial 7 Interpreting or making the law? [2] Tutorial 8 Discrimination and legal reasoning