Jurisprudence: From The Greeks To Post-modernity

E-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.


E-Book Content

JURISPRUDENCE: from. the Greeks to post-m.odernism. This page intentionally left blank JURISPRUDENCE: frotn the Greeks to post-tnodernistn Wayne Morrison, LLB, LLM, PhD, Barrister and Solicitor (New Zealand) Lecturer in Law Queen Mary & Westfield College First published 1997 by Clvendish Publishing Limitcd, Thc GllSS House, Published 20 16 by RouUedge 2 Park Square, Millon Park, Abingdon, Oxon OXI4 4RN 711 Third Avenue, New York, NY 100 17, USA First issued in hardback 2015 Routledge is an imprinr ofthe Taylor & Francis Group, an informa business 10 Mornson, Wlync, 1997 Rcprintcd 2000, 2004, 2005 All rights reseIVed. No part ofthis book may be repri nted or reproduced or utilised in any fonn or by any elcctronic, mechanicaI, or other means, now known or hercafler invented, including photooopying and reoording, or in any infonnation storage or retrieval system, without pennission in writing from the publishers. Notices Praclitioners and rcsearchers must a1ways rely on thcir own cxperiencc and knowledge in evaluating and using any infonnation, methods, compounds. or experiments described herein. In using such infonnation or methods they should be mindful oftheir own safety and the safety of others, including parties for whom they have a professional responsibility. Product or oorporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent 10 infringe. MorrisiOn, Wlync Tcxtbook onjurispnldetlce I Tide 344.1 ISBN-13: 978-1-859-41134-6 (Pbk) ISBN-13: 978-1-138-17451-1 (hbk) FOTJuliana Georgiadis This page intentionally left blank PREFACE This text reflects my experience of teaching at the Faculty of Law, Queen Mary and Westfield College (QMW), and on the External Programme of the University of London, both in England and Malaysia. It began its life one Easter in Athens where I was ploughing my way through the complete lectures ofJohn Austin (given between 1828-32 in London). After largely having relied for my previous opinion upon secondary sources - in particular the writings ofHL Hart in the Concept cif LaU! (1961) - encountering Austin's actual words was both a shock and a source ofbewilderment. How could Hart have been so limited in his reading? What is the status of the past in contemporary discussions in jurisprudence? How were students meant to relate to contemporary issues and debates if they were presented with caricatures of previous positions instead of a rich intellectual heritage? Why did so many texts expect students to take on face value simplistic assertions as to what previous writers have said? I therefore decided to attempt a text which would both serve as an introduction to the study of jurisprudence and also contextualise the efforts of the various