Jurisprudence by Scott Veitch,Emilios Christodoulidis,Marco Goldoni -- Read -- Imperial Library of Trantor

Index

Cover Title Copyright Dedication Contents Acknowledgements and attributions Abbreviations Introduction

The themes How to use this book

PART I: LAW AND MODERNITY

I. THE ADVENT OF MODERNITY

1 Overview

The idea of progress Specialisation of knowledge and the individual Thinking about modern law

2 Social contract theory

The emergence of the sovereign state – Westphalia as marker of transition Hobbes, theorist of the modern state John Locke: social contract and the law of private property Rousseau: law between equality and self-government

3 Law and the rise of the market system

The institutional dimension The market system

4 Law and the political

Elements of the modern state Sovereignty Holding sovereign power to account

II. THEORISTS AND CRITICS OF MODERNITY

5 Law, class and conflict: Karl Marx

The function of law Ideology

6 Law, legitimation and rationality

Max Weber: modernity and formal legal rationality Forms of political authority Forms of legal rationality The development of legal modernity Modern law and the economic system Weber as theorist and as critic of modernity

7 Law, community and social solidarity

III. TRANSFORMATIONS OF MODERN LAW

8 The rise and decline of the rule of law

The materialisation of modern law Law in the welfare state Beyond the welfare state

9 Law and globalisation

Sovereignty after globalisation Constitutionalism beyond the state ‘Unthinking’ modern law

GENERAL PART I TUTORIALS

Tutorial 1 Sovereignty Tutorial 2 Social contract Tutorial 3 Law and general will: Rousseau’s social contract Tutorial 4 Property rights: justification and limits Tutorial 5 Property rights Tutorial 6 Understanding legal modernity Tutorial 7 Globalisation and regulation Tutorial 8 The structure of rights

PART II: LEGAL SYSTEM AND LEGAL REASONING

I. LEGALITY AND VALIDITY

10 The differentiation of law and morality 11 Identifying valid law: the positivist thesis

Hart’s concept of law Kelsen’s ‘pure’ theory of law

12 The challenge of natural law

The question of form The question of content

II. THEORIES OF LEGAL REASONING

Introduction 13 Formalism and rule-scepticism

The promise of formalism The challenge of American legal realism

14 The turn to interpretation

Hart and the ‘open texture’ of legal language MacCormick and the limits of discretion Dworkin, justification and integrity

15 The politics of legal reasoning

Critical legal theory The U.S. critical legal studies movement Feminist critiques of adjudication

GENERAL PART II TUTORIALS

Tutorial 1 Legality and the rule of law Tutorial 2 Law, power and the rule of law Tutorial 3 Identifying valid law: legal positivism Tutorial 4 Identifying valid law: natural law Tutorial 5 Law and morality Tutorial 6 Interpreting or making the law? [1] Tutorial 7 Interpreting or making the law? [2] Tutorial 8 Discrimination and legal reasoning Tutorial 9 Legal reasoning and the scope of interpretation: Hart and Dworkin Tutorial 10 Essay questions on legal reasoning

PART III: ADVANCED TOPICS

1 Theories of justice

Utilitarianism versus libertarianism Liberalism: Rawls’s justice as fairness Socialism

2 Global justice

The central issue and some terminology Content and scope of justice The conservative view The progressive view The way forward

3 Transitional jurisprudence and historic injustices

The rule of law in political transitions Addressing colonialism: judging in an unjust society

4 Trials, facts and narratives

The legacy of fact-scepticism Trials and perceptions of fact: language and narrative in the courtroom Trials, regulation and justice

5 Displacing the juridical: Foucault on power and discipline

Power and the law Discipline Biopower Governmentality A theory of legal modernity?

6 Legal pluralism

Classical and contemporary legal pluralism Strong and weak legal pluralism, and the position of the state Empirical, conceptual and political approaches to legal pluralism Future directions in legal pluralism

7 Legal institutionalism 8 Law and deconstruction 9 Juridification

The meaning and scope of juridification Habermas on juridification Juridification and the ‘regulatory trilemma’ Juridification as depoliticisation A fifth epoch?

10 Autopoietic law

The concept of autopoiesis An inventory of concepts The coding of social systems Society, sub-systems and the law How does ‘the law think’?

Index

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