JURISPRUDENCE Cavendish Publishing Limited London • Sydney TITLES IN THE SERIES Administrative Law Business Law Child Law Civil Liberties Commercial Law Company Law Conflict of Law Constitutional & Administrative Law Contract Law Criminal Law Criminal Litigation and Sentencing Criminology Employment Law English Legal System Equity & Trusts European Community Law Evidence Family Law International Trade Law Jurisprudence Land Law Law of Torts Public International Law Revenue Law Succession, Wills & Probate ‘A’ Level Law—Paper I ‘A’ Level Law—Paper II JURISPRUDENCE L B Curzon Barrister Cavendish Publishing Limited London • Sydney First published in 1993 by Cavendish Publishing Limited, The Glass House, Wharton Street, London WC1X 9PX, United Kingdom Telephone: +44 (0) 171 278 8000 Facsimile: +44 (0) 171 278 8080 E-mail:
[email protected] Visit our Home Page on http://www.cavendishpublishing.com First edition 1993 Second edition 1995 Reprinted 1998 © Curzon, L B 1995 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except under the terms of the Copyrights Designs and Patents Act 1988 or under the terms of a licence issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1P 9HE, UK, without the prior permission in writing of the publisher. Curzon L B Jurisprudence—(Lecture Notes Series) I Title II Series 340 ISBN 1 85941 161 4 Cover photograph by Jerome Yeats Printed and bound in Great Britain Preface to the second edition This text is made up of chapters designed for students who are approaching jurisprudence for the first time, and for those who are embarking on a scheme of revision prior to a first examination in the subject. The summaries at the end of each chapter are intended for those who wish to refer to the gist of the chapters. The text is intended to be read in conjunction with Questions and Answers in Jurisprudence (1995) (2nd edn) (Cavendish Publishing Limited). The inclusion of subject matter has been determined largely by the contents of the London University LLB examination syllabus in Jurisprudence and Legal Theory; there is additional material which is based on the syllabus requirements of other universities. One of the principal problems for students of jurisprudence has been, and remains, the covering of background reading. Jurisprudence has produced a vast range of literature which would require more than a lifetime for anything more than a mere perusal. But an acquaintance with a representative range of the classics of jurisprudence is essential, and rewarding. Valuable selections may be found in the texts by Freeman, and Davies and Holdcroft. For this second edition, most of the original chapters have been extended; new material includes a section on the postscript to the second edition of Hart’s The Concept of Law (1994). Additional chapters include material relating to rights, codification, and the principal features of feminist jurisprudence. Professor Ervin Pollack, in his text,