Introduction to Jurisprudence and Legal Theory: Commentary and MaterialsThis text lays out a course of study which combines both the traditional subject matter of jurisprudence with a series of introductions into a variety of other theoretical perspectives. The editor and contributors to the book are all members of the LSE law department who teach or have taught on the LSE undergraduate jurisprudence course and who also are legal theorists in their own right. This text is designed to be relevant to those taking jurisprudence/legal theory courses and political science, philosophy and sociology students doing optional subjects addressing the law and legal systems. More than a simple compilation of key extracts from the work of leading jurists, it seeks coverage of many of the major areas of jurisprudence and legal theory through a set of themed chapters whose narrative content flows continuously through commentary and extract alike. |
From inside the book
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Page 92
... Positivism . Different Legal Positivists hold different views on what is essential . Indeed , they adopt different approaches to the problems of identifying what is essential . But the common elements of Legal Positivism , from the ...
... Positivism . Different Legal Positivists hold different views on what is essential . Indeed , they adopt different approaches to the problems of identifying what is essential . But the common elements of Legal Positivism , from the ...
Page 453
... positivism called ' soft positivism ' or ' inclusive positivism ' or ' incorporationism ' has arisen . A soft positivist believes that while there is no requirement that any legal system's rule of recognition require judges to treat ...
... positivism called ' soft positivism ' or ' inclusive positivism ' or ' incorporationism ' has arisen . A soft positivist believes that while there is no requirement that any legal system's rule of recognition require judges to treat ...
Page 455
... positivism cannot be simply characterised as the theory that moral principles or values may be among the criteria of ... positivism makes is that it is possible in some cases for the existing law to be determined only by moral criteria ...
... positivism cannot be simply characterised as the theory that moral principles or values may be among the criteria of ... positivism makes is that it is possible in some cases for the existing law to be determined only by moral criteria ...
Contents
The Evolution of Natural Law | 35 |
Debating with Natural Law the Emergence of Legal Positivism | 91 |
Modern Positivism H LA Hart and Analytical Jurisprudence | 143 |
Copyright | |
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Common terms and phrases
action analysis analytical jurisprudence apply argue argument Austin authority basic norm behaviour believe Bentham civil disobedience claim command common common law conflict consider constitutional courts crime criminal criticism CRITO decide decisions depends determine deterrence theory disobedience distinction distinguish doctrine Durkheim duty Dworkin ethical example existence facie obligation fact grundnorm Hart Hart's Hohfeld's human idea individual institutions interpretation judges judicial jurisprudence justice justified Kelsen kind lawyers legal norm legal order legal philosophy legal positivism Legal Positivists legal realism legal reasoning legal rules legal system legislation Marxist meaning moral natural law notion obligation to obey offender particular person philosophical philosophy of law political positive law positivism positivist practice principles problem punishment question relation relevant requires rule of recognition sanctions sense social society sovereign statute theorists theory of justice theory of law things understanding utilitarian validity values words