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Jurisprudence Jurisprudence: Themes and Concepts offers an original introduction to, and critical analysis of, the central themes studied in jurisprudence courses. The book is presented in three parts: the first two contain general themes with corresponding tutorial questions, and the third contains advanced topics. Every chapter in the book gives guidance on further reading. Accessible, interdisciplinary and socially informed, this book has been revised to take into account the latest developments in jurisprudential scholarship. Scott Veitch is Paul KC Chung Professor in Jurisprudence at the University of Hong Kong. Emilios Christodoulidis is Chair of Jurisprudence at the University of Glasgow. Marco Goldoni is Senior Lecturer in Legal Theory at the University of Glasgow. Jurisprudence Themes and Concepts THIRD EDITION Scott Veitch, Emilios Christodoulidis and Marco Goldoni Third edition published 2018 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 711 Third Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2018 Scott Veitch, Emilios Christodoulidis, Marco Goldoni The right of Scott Veitch, Emilios Christodoulidis, and Marco Goldoni to be identified as authors of this work has been asserted by them in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. First edition published by Routledge-Cavendish 2007 Second edition published by Routledge 2012 British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data Names: Veitch, Scott, author. | Christodoulidis, Emilios A., author. | Goldoni, Marco, author. Title: Jurisprudence : themes and concepts / Scott Veitch, Emilios Christodoulidis, Marco Goldoni. Description: Third edition. | Milton Park, Abingdon, Oxon ; New York, NY : Routledge, [2018] | Includes bibliographical references and index. Identifiers: LCCN 2017060233 | ISBN 9780415749640 (hbk) | ISBN 9780415749657 (pbk) | ISBN 9781317749219 (web pdf) | ISBN 9781317749202 (epub) | ISBN 9781317749196 (mobipocket) | ISBN 9781315795997 (master) Subjects: LCSH: Jurisprudence. | Law—Philosophy. Classification: LCC K237 .V45 2018 | DDC 340—dc23 LC record available at https://lccn.loc.gov/2017060233 ISBN: 978-0-415-74964-0 (hbk) ISBN: 978-0-415-74965-7 (pbk) ISBN: 978-1-315-79599-7 (ebk) Typeset in Joanna MT by Apex CoVantage, LLC For Neil MacCormick (1941–2009), teacher and friend Contents Acknowledgements and attributions Abbreviations Introduction The themes How to use this book xi xii 1 3 4 PART I: LAW AND MODERNITY 7 I. THE ADVENT OF MODERNITY 9 1 Overview The idea of progress Specialisation of knowledge and the individual Thinking about modern law 11 12 13 15 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 17 17 19 24 28 3 Law and the rise of the market system The institutional dimension The market system 35 37 39 4 Law and the political Elements of the mo