Key_facts_jurisprudence

s t jurisprudence a c Key facts k e y f 2nd edition Peter Halstead First published 2005 by Hodder Education Published 2013 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN 711 Third Avenue, New York, NY, 10017, USA Routledge is an imprint of the Taylor & Francis Group, an informa business Copyright © 2005, 2012 Peter Halstead 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. The advice and information in this book are believed to be true and accurate at the date of going to press, but neither the authors nor the publisher can accept any legal responsibility or liability for any errors or omissions. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library ISBN 13: 978 1 444 13828 3 (pbk) Typeset by Transet Limited, Coventry, Warwickshire Contents Preface CHAPTER 1╇ Jurisprudence iv 1 CHAPTER 2╇ Natural law 18 CHAPTER 3╇ Empiricists, rationalists and the Enlightenment 38 CHAPTER 4╇ Early legal positivism 50 CHAPTER 5╇ Contemporary legal positivism 64 CHAPTER 6╇ Utilitarianism 72 CHAPTER 7╇ The historical school 78 CHAPTER 8╇ Sociology of law and Marxism 83 CHAPTER 9╇ Formalism, realism and pragmatism 91 CHAPTER 10╇ Dworkin 103 CHAPTER 11╇ Critical legal studies 107 CHAPTER 12╇ Contemporary theory 112 Index 121 Preface The Key Facts series is designed to give a clear view of each subject. This will be useful to students when tackling new topics and is invaluable as a revision aid. Most chapters open with an outline in diagram form of the points covered in that chapter. The points are then developed in list form to make learning easier. Traditional ‘black letter’ law subjects provide supporting cases but students may be pleased to learn that this is only occasionally appropriate for legal theory. The topics covered in this Key Facts Jurisprudence range from Greek, Roman and Christian ideas through the philosophers of the Enlightenment and Reformation eras and into modern times, tracing the development of natural law theory to its current human rights provenance, the rise of legal positivism, and the many and varied alternative and complementary methodologies and creeds that now span the field. Because of this wide range of materials, the compact and cross-referenced format of the book, and the fact that jurisprudence is taught at different levels, all students coming to the subject for the first time should find it useful for both initial study and revision purposes. The law is stated as I believe it to be on 1st October 2011. Peter Halstead 1 Jurisprudence Natural law Sociology of law Critical legal studies Historical schools Rationalism Empiricism Jurisprudence or Legal theory Formalism Realism Pragmatism Utilitarianism Contemporary theory Marxism Legal positivism 2 Jurisprudence 1.1 Overview 1.1.1 Reasons for study 1. The main purpose of studying jurisprudence or legal theory is to provide a framework within which students can locate and reflect upon all aspects of their study of law, including its: (a) origins, history and development (b) intellectual foundations and justifications (c) relationship to other academic and pract