Central issues in jurisprudence : justice, laws, and rights /
Central Issues in Jurisprudence is a clear introduction to the major theories and arguments which currently dominate discussion in jurisprudence. Read the original writers and benefit from the author's ability to make the subject accessible, without over-simplification.This text remains the ide...
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| Format: | Book |
| Language: | English |
| Published: |
London :
Sweet & Maxwell,
2013
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| Edition: | Fourth edition |
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Table of Contents:
- Machine generated contents note: Doctrine and Theory
- The Centrality of Jurisprudence
- Introduction to Part 1 Justice
- Subjectivism
- Other Options
- Neutrality
- 1. Utilitarianism
- Why Be a Utilitarian?
- Liberalism, Utility and Moral Neutrality
- Uncertainty
- Consequences
- Utility and Distribution
- Act and Rule Utilitarianism
- Rule Utilitarianism as a Jurisprudential Theory
- Liberalism and Preferences
- Rights and Utility
- Selected reading
- 2. Rawls
- Introduction
- Reflective Equilibrium
- The Original Position
- The Basic Structure
- Criticism of Utilitarianism
- The Thin Theory of the Good
- Two Principles
- The Difference Principle
- Choosing the Difference Principle
- Greater Equality?
- The First Principle of Justice
- Political Liberalism
- Selected reading
- 3. Nozick
- An Arbitrary Starting Point?
- Comparison with Rawls
- Principles of Acquisition
- Pale Self-Ownership
- Patterned Distribution and Historical Entitlement
- Contents note continued: Markets and Equality
- Giving Content to Rights
- Selected reading
- 4. Finnis on Objective Goods
- Goods and Desires
- Objective Goods
- Goods and Human Nature
- Prudence and Morality
- Incommensurability of Goods
- The Common Good
- The Role of Choice
- Justice
- Basic Rights
- Law
- Selected reading
- Introduction to Part 2 Law
- Natural Law and Legal Positivism
- 5. Hart
- Legal Positivism
- What Positivists Do and Do Not Claim
- Normativity and Reductionism
- Rules and the Internal Point of View
- Powers and Secondary Rules
- The Legal System
- Adjudication
- Distinguishing Cases
- Legal Obligation and the Internal Point of View
- A Different Positivism?
- Rules and Formal Justice
- The Minimum Content of Natural Law
- The Nature of Conceptual Analysis
- Hart's Theory as Political Philosophy
- Legal Doctrine and Legal Theory
- Selected reading
- 6. Dworkin
- Rules and Principles
- Principles and Positivism
- Contents note continued: The Rule of Recognition and the Soundest Theory
- Constructive Interpretation
- Semantic Theories
- Some Scepticisms
- The "Threshold Objection"
- Choosing a Legal Theory
- Law as Integrity
- Order, Theory and Community
- Selected reading
- 7. Fuller
- The Story of Rex
- Facts, Values and Purposes
- Conceptual Structure
- Moral Purposes
- Wicked Regimes
- The Value of the Rule of Law
- Guidance by Rule and by Aspiration
- Principle and Change
- Selected reading
- pt. 3 Rights
- 8. The Analysis of Rights
- Some Fundamental Ideas
- Legal and Moral Rights
- Hard Atoms and Soft Molecules
- Rights as Complex and Peremptory
- A Slight Digression
- Hohfeld's Analysis
- Kantian and Hohfeldian Rights Compared
- Internal Complexity Restored?
- Is the Absence of a Duty a Right?
- Internal Complexity Without Peremptory Force?
- Rights Against Nobody?
- Rights Against Specific Persons
- Levels of Abstraction
- Contents note continued: Peremptory Force: Exclusionary or Conclusory?
- Exclusion Upon Exclusion
- One Set of Reasons; Two Perspectives
- Exclusion Abandoned
- The "Will" and "Interest" Theories
- MacCormick's Criticisms
- Selected reading