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. |
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Page 145
... words as he pleases . For the puzzle arises from the fact that though the common use of these words is known , it is not understood ; and it is not understood because compared with most ordinary words these legal words are in different ...
... words as he pleases . For the puzzle arises from the fact that though the common use of these words is known , it is not understood ; and it is not understood because compared with most ordinary words these legal words are in different ...
Page 147
... words [ ' right ' , ' duty ' and ' corporation ' ] is not to stand for or describe anything but a distinct function ; this makes it vital to attend to Bentham's warning that we should not , as does the traditional method of definition ...
... words [ ' right ' , ' duty ' and ' corporation ' ] is not to stand for or describe anything but a distinct function ; this makes it vital to attend to Bentham's warning that we should not , as does the traditional method of definition ...
Page 445
... word refers to . Knowing ' dog ' does not tell one everything important or significant about dogs . In relative terms , the meanings of words come cheap , in the sense that one learns words fairly easily either by direct exposure to the ...
... word refers to . Knowing ' dog ' does not tell one everything important or significant about dogs . In relative terms , the meanings of words come cheap , in the sense that one learns words fairly easily either by direct exposure to the ...
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 | |
18 other sections not shown
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