McCoubrey & White's Textbook on Jurisprudence

by Penner, James; Melissaris, Emmanuel

• ISBN13: 9780199584345
• ISBN10: 0199584346
• Edition: 5th
• Format: Paperback
• Copyright: 2013-01-20
• Publisher: Oxford University Press

Summary

Fully updated and revised by James Penner and Emmanuel Melissaris, McCoubrey and White's Textbook on Jurisprudence clearly breaks down the complexities of this often daunting yet fascinating subject. Sophisticated ideas are explained concisely and with clarity, ensuring the reader is aware ofthe subtleties of the subject yet not overwhelmed. With chapters dedicated to both key concepts and leading theorists, this text takes a wide-ranging look at jurisprudence and places central ideas in context. In particular this text centres around one of the leading theorists, H.L.A Hart, and considers the landscape of jurisprudence in relation tohis seminal The Concept of Law, looking at the key ideas which influenced him and considering the response to his work. Coverage of post-modern and feminist legal theory is also included, alongside discussion of key theorists such as Hobbes, Kant, and Rawls.Logically organised to support the topics commonly taught on jurisprudence and legal theory courses, this text provides an easy-to-follow and digestible account of this wide-ranging subject, making it the ideal companion text for further reading and research throughout your course.

Author Biography

James Penner is Professor of Law at University College London. He previously taught at London School of Economics for seven years. His primary research interests are the law of trusts, the philosophy of property, and the philosophy of law. He is author of The Law of Trusts 8e (OUP, 2012) and The Idea of Property in Law (OUP, 1997), and co-editor (with David Schiff and Richard Nobles) of Introduction to Jurisprudence and Legal Theory: Commentary and Materials (OUP, 2002).

Emmanuel Melissaris is a Senior Lecturer in Law at the London School of Economics. His research interests lie mainly in the philosophy of law and criminal law theory. He is the author of Ubiquitous Law: Legal Theory and the Space for Legal Theory (Ashgate, 2009).

Table of Contents

1. What is jurisprudence?
Part 1: Theories of the Nature of Law
2. Natural Law
3. Classical Legal Positivism: Bentham, Austin, and Kelsen
4. Hart: The Critical Project
5. Hart's Theory of Law
6. Post-Hart Analytical Philosophy of Law: Dworkin and Raz
Part 2: Particular Philosophical Issues in Law
7. The Building Blocks of Law: Norms and their Nature
8. Governing and Obedience
9. Law and Adjudication
Part 3: The Intellectual Foundations of the Liberal Social Contract Tradition
10. The Legal and Political Philosophy of Thomas Hobbes
11. The Legal and Political Philosophy of Immanuel Kant
12. John Rawls' Political Liberalism
Part 4: Against and Beyond Liberalism
13. Marxist and Post-Marxist Theories of Law
14. Feminist Legal Theory
15. Postmodern Legal Theory