A Treatise of Legal Philosophy and General Jurisprudence : Volume 11: Legal Philosophy in the Twentieth Century: The Common Law World / by Gerald J. Postema.
2011
Formats
| Format | |
|---|---|
| BibTeX | |
| MARCXML | |
| TextMARC | |
| MARC | |
| DublinCore | |
| EndNote | |
| NLM | |
| RefWorks | |
| RIS |
Items
Details
Author
Title
A Treatise of Legal Philosophy and General Jurisprudence : Volume 11: Legal Philosophy in the Twentieth Century: The Common Law World / by Gerald J. Postema.
Added Corporate Author
Edition
1st ed. 2011.
Imprint
Dordrecht : Springer Netherlands : Imprint: Springer, 2011.
Description
XXVI, 626 p. online resource
Formatted Contents Note
A Note on the Author
General Editor's Preface to Volumes 11 and 12 of the Treatise
Preface to Volume 11
Acknowledgements
Part I - Prologue
Chapter 1 - Analytic Jurisprudence Established
Chapter 2 - Justice Holmes: A New Path for American Jurisprudence
Chapter 3 - Realism and Reaction
Chapter 4 - Implicit Law and Principles of Legality
Chapter 5 - Economic Jurisprudence
Chapter 6 - Critical Jurisprudence and the Rule of Law
Chapter 7 - Hart's Critical Positivism
Chapter 8 - Positivism Extended: Institutions, Sources, Authority, and Law and Moral Reasoning
Chapter 9 - Positivism Challenged: Interpretation, Integrity, and Law
Chapter 10 - The Incorporation Debate
Chapter 11 - Conventions and the Foundations of Law
Chapter 12 - Analytic Jurisprudence Confronted
Chapter 13 - Concluding Note
Bibliography
Index of Subjects
Index of Names.
General Editor's Preface to Volumes 11 and 12 of the Treatise
Preface to Volume 11
Acknowledgements
Part I - Prologue
Chapter 1 - Analytic Jurisprudence Established
Chapter 2 - Justice Holmes: A New Path for American Jurisprudence
Chapter 3 - Realism and Reaction
Chapter 4 - Implicit Law and Principles of Legality
Chapter 5 - Economic Jurisprudence
Chapter 6 - Critical Jurisprudence and the Rule of Law
Chapter 7 - Hart's Critical Positivism
Chapter 8 - Positivism Extended: Institutions, Sources, Authority, and Law and Moral Reasoning
Chapter 9 - Positivism Challenged: Interpretation, Integrity, and Law
Chapter 10 - The Incorporation Debate
Chapter 11 - Conventions and the Foundations of Law
Chapter 12 - Analytic Jurisprudence Confronted
Chapter 13 - Concluding Note
Bibliography
Index of Subjects
Index of Names.
Summary
Volume 11, the sixth of the historical volumes of A Treatise of Legal Philosophy and General Jurisprudence, offers a fresh, philosophically engaged, critical interpretation of the main currents of jurisprudential thought in the English-speaking world of the 20th century. It tells the tale of two lectures and their legacies: Oliver Wendell Holmes, Jr.'s "The Path of Law" (1897) and H.L.A. Hart's Holmes Lecture, "Positivism and the Separation of Law and Morals" (1958). Holmes's radical challenge to late 19th century legal science gave birth to a rich variety of competing approaches to understanding law and legal reasoning from realism to economic jurisprudence to legal pragmatism, from recovery of key elements of common law jurisprudence and rule of law doctrine in the work of Llewellyn, Fuller and Hayek to root-and-branch attacks on the ideology of law by the Critical Legal Studies and Feminist movements. Hart, simultaneously building upon and transforming the undations of Austinian analytic jurisprudence laid in the early 20th century, introduced rigorous philosophical method to English-speaking jurisprudence and offered a reinterpretation of legal positivism which set the agenda for analytic legal philosophy to the end of the century and beyond. A wide-ranging debate over the role of moral principles in legal reasoning, sparked by Dworkin's fundamental challenge to Hart's theory, generated competing interpretations of and fundamental challenges to core doctrines of Hart's positivism, including the nature and role of conventions at the foundations of law and the methodology of philosophical jurisprudence.
Location
www
In
Springer Nature eBook
Available in Other Form
Printed edition:
Printed edition:
Printed edition:
Printed edition:
Printed edition:
Linked Resources
Alternate Title
SpringerLink electronic monographs.
Language
English
ISBN
9789048189601
Record Appears in