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The Province of Jurisprudence Compromised

Allan C. Hutchinson

in The Province of Jurisprudence Democratized

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195343250
eISBN:
9780199867752
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343250.003.0001
Subject:
Law, Philosophy of Law

This chapter begins with a discussion of the purpose of this book, which is to expose the failings and frailties of analytical jurisprudence and suggest an alternative approach to legal theory. It ... More


The Provinciality of Jurisprudence Determined

Allan C. Hutchinson

in The Province of Jurisprudence Democratized

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195343250
eISBN:
9780199867752
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343250.003.0003
Subject:
Law, Philosophy of Law

This chapter examines the nature and performance of the most favored mode of philosophical inquiry: conceptual analysis. It argues that analytical jurisprudence's practice of conceptual analysis is ... More


The Province of Jurisprudence Revisited

Allan C. Hutchinson

in The Province of Jurisprudence Democratized

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195343250
eISBN:
9780199867752
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343250.003.0002
Subject:
Law, Philosophy of Law

This chapter reviews Austin's approach to jurisprudence and traces its continuing influence on the performance of jurisprudence today. Rather than offer a flat chronological narrative, it presents a ... More


The Province of Jurisprudence Predetermined

Allan C. Hutchinson

in The Province of Jurisprudence Democratized

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195343250
eISBN:
9780199867752
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343250.003.0005
Subject:
Law, Philosophy of Law

The attractions of the scientific method have been given a new lease on jurisprudential life. The lack of scientific ambition is considered by some to be the failing of contemporary legal theory, and ... More


The Province of Jurisprudence Regenerated

Allan C. Hutchinson

in The Province of Jurisprudence Democratized

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195343250
eISBN:
9780199867752
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343250.003.0007
Subject:
Law, Philosophy of Law

This chapter offers an expansive and nuanced account of power that is more attuned to the complexities of contemporary society. After canvassing the various ways in which Austin's insights have been ... More


The Morality of Jurisprudence Determined

Allan C. Hutchinson

in The Province of Jurisprudence Democratized

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195343250
eISBN:
9780199867752
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343250.003.0004
Subject:
Law, Philosophy of Law

This chapter explores the link between law and morality. It considers the positivist and moralist accounts of jurisprudence, and contends that the best arguments put forward to defend the validity, ... More


The Province of Jurisprudence Moralized

Allan C. Hutchinson

in The Province of Jurisprudence Democratized

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195343250
eISBN:
9780199867752
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343250.003.0006
Subject:
Law, Philosophy of Law

This chapter explores the sophisticated and controversial work of Ronald Dworkin. After introducing his basic ideas, it looks at how he manages to capture both the best and worst of this ... More


The Experimental Province of Democracy Determined

Allan C. Hutchinson

in The Province of Jurisprudence Democratized

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195343250
eISBN:
9780199867752
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343250.003.0009
Subject:
Law, Philosophy of Law

This chapter pulls together the main threads of the argument presented in the book and defends this proposed revitalization of legal theory as an adjunct location of democratic politics more ... More


Making Old Questions New: Legality, Legal System, and State

Keith Culver and Michael Giudice

in Philosophical Foundations of the Nature of Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199675517
eISBN:
9780191757280
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199675517.003.0013
Subject:
Law, Philosophy of Law

Analytical jurisprudence has long struggled to explain the continuity of legal systems in the face of challenges such as revolution, devolution, and emergencies. This chapter presents the legal ... More


Jhering's Heaven of Concepts and Modern Analytical Jurisprudence

H. L. A. Hart

in Essays in Jurisprudence and Philosophy

Published in print:
1983
Published Online:
March 2012
ISBN:
9780198253884
eISBN:
9780191681431
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198253884.003.0013
Subject:
Law, Philosophy of Law

This chapter begins by expressing the regret that so few of Jhering's great works are translated into English. It is an intellectual tragedy; there is no English translation even of the masterly ... More


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