Modern Jurisprudence: A Philosophical Guide

The second edition of this book provides a concise and accessible guide to modern jurisprudence, offering an examination of the major theories as well as highlighting principal themes such as legality and justice. Together with new material, the second edition explores the historical developments and ideas that give modern thinking its distinctive shape. A key feature of the book is that readers are not simply presented with opposing theories, but are guided through the rival standpoints on the basis of a coherent line of reflection from which an overall sense of the subject can be gained. Chapters on Hart, Fuller, Rawls, Dworkin and Finnis take the reader systematically through the terrain of modern legal philosophy, tracing the issues back to fundamental questions of philosophy, and indicating lines of criticism that result in a fresh and original perspective on the subject.

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 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 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 Suggested Reading 5. Images of Law from Grotius to Kant Grotius as a Natural Lawyer 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 12. Conclusions?