A New Introduction To Jurisprudence: Legality, Legitimacy And The Foundations Of The Law

A New Introduction to Jurisprudence A New Introduction to Jurisprudence takes one of the central problems of law and jurisprudence as its point of departure: what is the law? Adopting an intermediate position between legal positivism and natural law, this book reflects on the concept of ‘liberal democracy’ or ‘constitutional democracy’. In five chapters the book analyses: (i) the idea of higher law, (ii) liberal democracy as a legitimate model for the state, (iii) the separation of church and state or secularism as essential for the democratic state, (iv) the universality of higher law principles, (v) the history of modern political thought. This interdisciplinary approach to jurisprudence is relevant for legal scholars, philosophers, political theorists, public intellectuals, historians, and politicians. Paul Cliteur is Professor of Jurisprudence at Leiden University, the Netherlands. He is the author of The Secular Outlook (2010) and Theoterrorism v. Freedom of Speech (forthcoming). Afshin Ellian is Professor of Jurisprudence at Leiden University, the Netherlands. He edited The State of Exception and Militant Democracy in a Time of Terror (2012) and Counterterrorism after the IS-Caliphate (forthcoming). This page intentionally left blank A New Introduction to Jurisprudence Legality, Legitimacy, and the Foundations of the Law Paul Cliteur and Afshin Ellian First published 2019 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 52 Vanderbilt Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2019 Paul Cliteur and Afshin Ellian The right of Paul Cliteur and Afshin Ellian 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. 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: Cliteur, P. B., author. | Ellian, Afshin, 1966-, author. Title: A new introduction to jurisprudence : legality, legitimacy and the foundations of the law / Paul Cliteur, Afshin Ellian. Description: New York, NY : Routledge, 2019. | Includes bibliographical references and index. Identifiers: LCCN 2018055139| ISBN 9780367112349 (hardback) | ISBN 9780367112356 (pbk.) Subjects: LCSH: Jurisprudence. | Law--Philosophy. Classification: LCC K230.C595 .A35 2019 | DDC 340/.1--dc23 LC record available at https://lccn.loc.gov/2