Volume 11, the sixth of the historical volumes of A Treatise of Legal
Philosophy and General Jurisprudence, offers a fresh, philosophically
engaged, critical interpretation of the main currents of
jurisprudential thought in the English-speaking world of the 20th
century. It tells the tale of two lectures and their legacies: Oliver
Wendell Holmes, Jr.’s “The Path of Law” (1897) and H.L.A.
Hart’s Holmes Lecture, “Positivism and the Separation of Law and
Morals” (1958). Holmes’s radical challenge to late 19th century
legal science gave birth to a rich variety of competing approaches to
understanding law and legal reasoning from realism to economic
jurisprudence to legal pragmatism, from recovery of key elements of
common law jurisprudence and rule of law doctrine in the work of
Llewellyn, Fuller and Hayek to root-and-branch attacks on the ideology
of law by the Critical Legal Studies and Feminist movements. Hart,
simultaneously building upon and transforming the undations of
Austinian analytic jurisprudence laid in the early 20th century,
introduced rigorous philosophical method to English-speaking
jurisprudence and offered a reinterpretation of legal positivism which
set the agenda for analytic legal philosophy to the end of the century
and beyond. A wide-ranging debate over the role of moral principles in
legal reasoning, sparked by Dworkin’s fundamental challenge to
Hart’s theory, generated competing interpretations of and
fundamental challenges to core doctrines of Hart’s positivism,
including the nature and role of conventions at the foundations of law
and the methodology of philosophical jurisprudence.
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Volume 11: Legal Philosophy in the Twentieth Century: The Common Law World
Produktdetaljer
ISBN
9789048189601
Publisert
2020
Utgiver
Vendor
Springer
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter