Jurisprudence

Jurisprudence
Author: Sir John William Salmond
Publisher:
Total Pages: 540
Release: 1916
Genre: Jurisprudence
ISBN:

Introduction to Jurisprudence and Legal Theory

Introduction to Jurisprudence and Legal Theory
Author: Anne Barron
Publisher:
Total Pages: 1234
Release: 2002-08-13
Genre: Law
ISBN:

This text lays out a course of study combining the traditional subject matter of jurisprudence with a series of introductions to a variety of other theoretical perspectives. It is designed for those taking jurisprudence/legal theory courses, and political science, philosophy and sociology students.

Law and the Invisible Hand

Law and the Invisible Hand
Author: Robin Paul Malloy
Publisher: Cambridge University Press
Total Pages: 205
Release: 2021-11-18
Genre: Law
ISBN: 1108874606

A contemporary interpretation of Adam Smith's work on jurisprudence, revealing Smith's belief that progress emerges from cooperation and a commitment to justice. In Smith's theory, the tension between self–interest and the interests of others is mediated by law, so that the common interest of the community can be promoted. Moreover, Smith informs us that successful societies do at least three things well. They promote the common interest, advance justice through the rule of law, and they facilitate our natural desire to truck, barter, and exchange. In this process, law functions as an invisible force that holds society together and keeps it operating smoothly and productively. Law enhances social cooperation, facilitates trade, and extends the market. In these ways, law functions like Adam Smith's invisible hand, guiding and facilitating the progress of humankind.

Understanding Jurisprudence

Understanding Jurisprudence
Author: Raymond Wacks
Publisher: Oxford University Press, USA
Total Pages: 0
Release: 2005
Genre: Droit
ISBN: 9780199272587

Understanding Jurisprudence explores the concept of law and its role within society. Detailing both the traditional and modern jurisprudential theories Raymond Wacks clearly relates these often complex arguments to the nature and purpose of our current legal systems. This book reveals the intriguing and challenging nature of jurisprudence with clarity and enthusiasm. Without avoiding the complexities and subtleties of the subject, the author provides an illuminating guide to the central questions of legal theory. An experienced teacher of jurisprudence and distinguished writer in the field, his approach is stimulating, accessible, and entertaining.

The Philosophy of Positive Law

The Philosophy of Positive Law
Author: James Bernard Murphy
Publisher: Yale University Press
Total Pages: 254
Release: 2008-10-01
Genre: Law
ISBN: 0300138016

In this first book-length study of positive law, James Bernard Murphy rewrites central chapters in the history of jurisprudence by uncovering a fundamental continuity among four great legal philosophers: Plato, Thomas Aquinas, Thomas Hobbes, and John Austin. In their theories of positive law, Murphy argues, these thinkers represent successive chapters in a single fascinating story. That story revolves around a fundamental ambiguity: is law positive because it is deliberately imposed (as opposed to customary law) or because it lacks moral necessity (as opposed to natural law)? These two senses of positive law are not coextensive yet the discourse of positive law oscillates unstably between them. What, then, is the relation between being deliberately imposed and lacking moral necessity? Murphy demonstrates how the discourse of positive law incorporates both normative and descriptive dimensions of law, and he discusses the relation of positive law not only to jurisprudence but also to the philosophy of language, ethics, theories of social order, and biblical law.

Evaluation and Legal Theory

Evaluation and Legal Theory
Author: Julie Dickson
Publisher: Bloomsbury Publishing
Total Pages: 161
Release: 2001-06-05
Genre: Law
ISBN: 1847313086

If Raz and Dworkin disagree over how law should be characterised,how are we, their jurisprudential public, supposed to go about adjudicating between the rival theories which they offer us? To what considerations would those theorists themselves appeal in order to convince us that their accounts of law are accurate and successful? Moreover, what is it that makes an account of law successful? Evaluation and Legal Theory tackles methodological or meta-theoretical issues such as these, and does so via attempting to answer the question: to what extent, and in what sense, must a legal theorist make value judgements about his data in order to construct a successful theory of law? Dispelling the obfuscatory myth that legal positivism seeks a 'value-free' account of law, the author attempts to explain and defend Joseph Razs position that evaluation is essential to successful legal theory, whilst refuting John Finnis and Ronald Dworkins contentions that the legal theorist must morally evaluate and morally justify the law in order to properly explain its nature. The book does not claim to solve the many mysteries of meta-legal theory but does seek to contribute to and engender rigorous and focused debate on this topic.

Jurisprudence

Jurisprudence
Author: Sir John William Salmond
Publisher:
Total Pages: 576
Release: 1907
Genre: Jurisprudence
ISBN:

Justice in Transactions

Justice in Transactions
Author: Peter Benson
Publisher: Belknap Press
Total Pages: 625
Release: 2019-12-17
Genre: Law
ISBN: 0674237595

“One of the most important contributions to the field of contract theory—if not the most important—in the past 25 years.” —Stephen A. Smith, McGill University Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is best explained as a transfer of rights, which is complete at the moment of agreement and is governed by a definite conception of justice—justice in transactions. Benson’s analysis provides what John Rawls called a public basis of justification, which is as essential to the liberal legitimacy of contract as to any other form of coercive law. The argument of Justice in Transactions is expressly complementary to Rawls’s, presenting an original justification designed specifically for transactions, as distinguished from the background institutions to which Rawls’s own theory applies. The result is a field-defining work offering a comprehensive theory of contract law. Benson shows that contract law is both justified in its own right and fully congruent with other domains—moral, economic, and political—of liberal society.

A General Jurisprudence of Law and Society

A General Jurisprudence of Law and Society
Author: Brian Z. Tamanaha
Publisher: Oxford Socio-Legal Studies
Total Pages: 298
Release: 2001
Genre: Law
ISBN: 9780199244669

Law is generally understood to be a mirror of society that functions to maintain social order. Focusing on this general understanding, this text conducts a survey of Western legal and social theories about law and its relationship within society.

The Concept of Law

The Concept of Law
Author: Herbert Lionel Adolphus Hart
Publisher:
Total Pages: 263
Release: 1986
Genre: Jurisprudence
ISBN: