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Jurisprudence: From The Greeks To Post-Modernity

by Wayne Morrison

Jurisprudence across philosophical traditions

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Paperback New English

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AlbakiReads Editorial

Jurisprudence across philosophical traditions

Wayne Morrison frames jurisprudence through questions raised in a post-modern context, tracing how ideas about law and justice developed across Western intellectual history. The book moves from Greek philosophy and medieval Christendom through major accounts of political authority, common law, utilitarianism, and enlightenment, then turns to modern legal theory. Its later chapters set competing approaches side by side: Rawls and Nozick on justice, Dworkin’s liberal defence of legality against critical legal studies, and feminist writers’ more personal accounts. The broad historical sweep makes the book a map of jurisprudence’s debates as well as a study of how inherited traditions meet contemporary questions.

Good fit for readers who enjoy

  • Readers seeking a historically broad introduction to Western jurisprudential thought.
  • Law students and practitioners exploring debates about legality, justice, and legal theory.
  • Readers interested in critical legal studies and feminist approaches to law.

Themes

Western philosophy and legal thoughtJustice and legalityTradition and modernityCritical and feminist legal theory

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Book overview

This challenging book on jurisprudence begins by posing questions in the post-modern context, and then seeks to bridge the gap between our traditions and contemporary situation.

It offers a narrative encompassing the birth of western philosophy in the Greeks and moves through medieval Christendom, Hobbes, the defence of the common law with David Hume, the beginnings of utilitarianism in Adam Smith, Bentham and John Stuart Mill, the hope for enlightenment with Kant, Rousseau, Hegel and Marx, onto the more pessimistic warnings of Weber and Nietzsche.

It defends the work of Austin against the reductionism of HLA Hart, analyses the period of high modernity in the writings of Kelsen, Hart and Fuller, and compares the different approaches to justice of Rawls and Nozick.

The liberal defence of legality in Ronald Dworkin is contrasted with the more disillusioned accounts of the critical legal studies movement and the personalised accounts of prominent feminist writers.

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