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Making Sense in Jurisprudence


Bernard S. Jackson

 

Contents

 

 

Introduction	                                                   	
	
Ch.1	Law, Biology and Development                                 	
 1.0	Introduction	                                                
 1.1	Classical Theories of Natural Law	                           
 1.2	Law, Biology and Development: The Aristotelian Conception of Nature	                                                  
 1.3	Piaget, Kohlberg and the Aristotelian Model	                 
 1.4	A Chomskyan Argument for Natural Law	                       
	
Ch.2	The Command Theory	 	                                      
 2.0	Introduction	                                               
 2.1	Austin  on "law properly so-called"	                          
 2.2	Bentham	                                                     
 2.3	Methodology and Purpose of the Command Theory					
 2.4	Appeal of the Command Theory											
 2.5	Criticism of the Command Theory                               
 2.6	Power, Authority and the Milgram Experiments
	
Ch.3	Historical Jurisprudence												
 3.0	Introduction	   														
 3.1	Friedrich Carl von Savigny 											
 3.2	Sir Henry Maine															
 3.3	Cognitive Development and Primitive Thought						
 3.4	Marxism																		
 3.5	Habermas 																	
	
Ch.4	Pure Normativism: Kelsen													
 4.1	Kelsen's Normativism														
 4.2	Kelsen, Piaget and Saussure								            
	
Ch.5	Scandinavian Realism 														
 5.1	Commands and 'Veiled Imperatives'									
 5.2	Magic and Language															
 5.3	Values, Rights and Duties													
 5.4	Olivecrona on the Sense of Obligation 	                      
 5.5	Judicial Decision-Making and Precedent								
 5.6	Ross on Legal Concepts													
 5.7	Ross on Legal Interpretation												

Ch.6	American Realism																
 6.0	Introduction																	
 6.1	Frank's Fact Scepticism													
 6.2	Llewellyn, Rule Scepticism and Legal Culture							
	
Ch.7	Hart's "Soft Positivism"												
 7.1	An Ordinary Language Philosophy											
 7.2	"Law" and "Family Resemblance"										
 7.3	Law as Social Rule															
 7.4	Hart on Legal Rules															
 7.5	Hart on Open Texture															
 7.6	Dworkin's Critique of the Rule of Recognition and Hart's Response																			
	
Ch.8	Law, Morality and Society													
 8.1	Fuller's Morality of Law: Communication as a Value					
 8.2	The Unjust Law: Hart v. Fuller											
 8.3	The Sense of the Legal													
	
Ch.9	The Semiotics of Adjudication and the Justification of Legal 
		Decisions																		
 9.1	Some Fundamental Distinctions												
 9.2	Identifying Cases as Hard or Easy: Deciding Easy Cases			
 9.3	Justification in Easy Cases: MacCormick's Deductivist Model		
 9.4	Decision-Making in Hard Cases											
 9.5	Justification in Hard Cases: Dworkin and MacCormick				
 9.6	The Nature of Judicial Discretion: the Games Analogy 			
	
Ch.10	Some Radical Forms of Jurisprudential Critique						
 10.1	The American Critical Legal Studies Movement							
 10.2	Deconstructionism																
 10.3	Psychoanalysis																	
 10.4	Feminism 																		
	
Conclusion																				
	
Index of Authors																		

Index of Subjects

 



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