ABSTRACT

Jurisprudence: Themes and Concepts offers an original introduction to, and critical analysis of, the central themes studied in jurisprudence courses.

The book is organised in three parts: Part I sets out the key elements of modern law and their relation to political, economic, and social conditions. Part II presents competing accounts of the nature of legal validity, legality, legal reasoning, and justice. Both parts feature corresponding tutorial questions. Part III contains advanced topics including chapters on legal pluralism, law and disciplinary power, and law and the Anthropocene. Every chapter gives guidance on further reading. This fourth edition has been fully revised and updated to take into account the latest developments in jurisprudential scholarship. Additional material is included in the coverage of social law, colonialism, critical race theory, the challenges of digital technology, and the emergence of new legal subjects.

Accessible, interdisciplinary and socially informed, Jurisprudence: Themes and Concepts is essential reading for all students of jurisprudence and legal philosophy.

part I|132 pages

Law and modernity

chapter Chapter 1|15 pages

The differentiation of society and the autonomy of law

chapter Chapter 2|26 pages

Social contract theory

chapter Chapter 3|22 pages

Law and the rise of the market system

chapter Chapter 4|30 pages

Law and the political

chapter Chapter 5|25 pages

Law and the social

chapter |12 pages

Tutorials: Part I

part II|166 pages

Legality, legal reasoning, and justice

chapter Chapter 6|33 pages

Legality and validity

chapter Chapter 7|25 pages

Theories of legal reasoning I

Formalism and rule scepticism

chapter Chapter 8|16 pages

Legal reasoning II

The turn to interpretation

chapter Chapter 9|24 pages

The politics of legal reasoning

chapter Chapter 10|30 pages

Justice

chapter |36 pages

Tutorials: Part II

part III|64 pages

Advanced topics

chapter Chapter 11|7 pages

Trials, facts, and narrative

chapter Chapter 12|13 pages

Functional differentiation and the autopoiesis of law

chapter Chapter 13|8 pages

Legal institutionalism

chapter Chapter 14|7 pages

Legal pluralism

chapter Chapter 15|8 pages

Displacing the juridical

Foucault on power and discipline

chapter Chapter 16|19 pages

Law and the Anthropocene