Jurisprudence, Classical and Contemporary

by Hayman Jr, Robert L.; Levit, Nancy; Delgado, Richard

• ISBN13: 9780314252074
• ISBN10: 031425207X
• Edition: 2nd
• Format: Hardcover
• Copyright: 2002-05-01
• Publisher: West Academic Publishing

Summary

This text presents cutting edge contemporary materials, as well as new chapters on Natural Law, Positivism, Gay Legal Rights and Critical Lawyering. The book offers comprehensive coverage of legal theory from traditional to current movements, including new materials on Legal Formalism, Legal Process, Latino Critical, and Queer Critical Theory. Also contains extensive readings and updated and amplified notes, questions, problems, and bibliographies.

Table of Contents

Preface	iii
Introduction	v
Acknowledgments	xiii
Table of Cases	xxxv
Table of Authorities	xxxix
Natural Law	1	(73)
Early Natural Law Philosophers	10	(8)
Contemporary Natural Law Theorists	18	(23)
The Obligation to Obey, The Problem of Evil, and Civil Disobedience	41	(19)
Contemporary Debates	60	(14)
Positivism	74	(82)
Classical or Analytical Positivism: The Sources of Law	81	(7)
The Separation of Law and Morality	88	(24)
Formalism, Adjudication, and Legal Reasoning	112	(28)
Modern Positivism: Inquiries Into Rules and Power	140	(16)
Legal Realism	156	(143)
A Sociological Jurisprudence	162	(16)
The Realists	178	(31)
Historiography and Legacy	209	(26)
Contemporary Applications: Constitutional Adjudication	235	(64)
Law and Economics	299	(103)
Evolution and Overview	309	(39)
Applications	348	(32)
The Future of Law and Economics	380	(22)
Critical Legal Studies	402	(59)
Exposing Hierarchy	405	(8)
Rights Talk: Indeterminacy and Alienation	413	(16)
The CLS Social Vision	429	(22)
The Fate of a Movement: Where Has CLS Gone?	451	(10)
Law and Literature	461	(77)
Law and	464	(8)
Law in Literature	472	(7)
Law and Interpretation (Law as Literature)	479	(24)
Storytelling: Re-Imagining Law Through Literature	503	(35)
Feminist Legal Theories	538	(75)
Feminism and Equality	543	(31)
Feminism and Anti-Essentialism	574	(8)
Pragmatic and Postmodern Feminism	582	(14)
Feminist Methodologies and Feminist Practice	596	(17)
Critical Race Theory	613	(87)
Critical Race Theory and Theory: Challenging the Dominant Conceptions of the Real and Realizable	619	(25)
Critical Race Theory and Critique: Challenges in Another Voice	644	(6)
Race and America Today: Resisting the Real, Re-Thinking the Realizable	650	(14)
Recent Developments	664	(36)
Gay Legal Rights and Narratives	700	(49)
Gaylegal Narrative or ``QueerCrit''
Postmodern Legal Theory: Pragmatism and Poststructuralism	749	(119)
Postmodernism and Objectivity: The Challenge to Formal Method	764	(39)
Postmodernism and Subjectivity: The Challenge to the Self	803	(38)
Postmodernism and Normativity: The Challenge to Moral Persuasion	841	(27)
Lawyering and Jurisprudence	868	(73)
Conceptualizing and Understanding the Role of Law and the Lawyer	869	(21)
Law as an Instrument of Social Change-Or of Repression	890	(35)
Advocating on Behalf of New Rights, Legal Theories, or Clients-The Case of Animal Rights	925	(16)
Index	941