Themes and Concepts, 2nd Edition
Published May 10th 2012 by Routledge – 306 pages
Jurisprudence: Themes and Concepts offers an original introduction to, and critical analysis of, the central themes studied in jurisprudence courses. The book is presented in three parts each of which contains General Themes, Advanced Topics, tutorial questions and guidance on further reading:
This second edition includes enhanced discussion of the rise of legal positivism within the context of the rise of the modern state, the changing role of natural and human rights discourse, concepts of justice in and beyond the nation state, the impact of emergency doctrines in contemporary legal regulation, and challenges to the rule of law in light of shifting and competing demands for new types of social solidarity.
Accessible, interdisciplinary, and socially informed this book has been revised to take into account the latest developments in jurisprudential scholarship.
'Professors Veitch, Christodoulidis and Farmer have created a very modern tool here breaking from the old approaches to the book is very well described as 'accessible, interdisciplinary and socially informed' and successfully takes account of the most recent developments in current jurisprudential thought. It is just what I need to explain modern jurisprudence to the worried student!' Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers, UK
'This book is the best introduction to the study of jurisprudence I have come across. It provides students with a systematic and well-balanced approach…while also concretely illuminating the social significance of the law. The tutorials are very helpful in contextualizing the rich material presented by some of the UK’s leading contemporary legal theorists.' Hans Lindahl, Professor of Legal Philosophy, Tilburg University, The Netherlands
'A thoughtful and reflective approach; one that is not only sensible, but long overdue.' David Seymour, Lancaster University, UK
Reviews for the first edition:
'An excellent textbook. It adopts a new pedagogic approach to the teaching legal philosophy. Instead of lingering on the "old knowledge delivering" model of teaching jurisprudence…[it creates] a well defined learning environment that stimulates students critical thinking.' Vito Breda, Cardiff University, UK
'The integrated approach taken by the authors illustrates the true utility of jurisprudence – not as some dry philosophical subject, but as central to the development of legal thought in all areas of law.' John McGarry, Edge Hill University, UK
Part 1: Law and Politics. 1. General Themes: 1.1 Introduction to the Relationship between Law and Politics 1.2 Sovereignty 1.3 The rule of law & the ‘inner morality of law’ 1.4 Rights 1.5 Identifying Valid Law. 2. Advanced Topics: 2.1 Justice 2.2 Constitutionalism and Citizenship 2.3 Law, politics and globalisation 2.4 Law and the state of emergency 2.5 The Rule of law in political transitions. Tutorials. Part 2: Legal Reasoning. 1. General Themes: 1.1 Legal System and legal reasoning 1.2 Legal Formalism 1.3 American Legal Realism 1.4 Open texture’ and the limits of judicial discretion 1.5 Law as Interpretative practice 1.6 The politics of legal reasoning. 2. Advanced Topics. 2.1 Natural law and the limits of rule following 2.2 Equality, difference and domination: feminist critiques of adjudication 2.3 Trials, facts and narratives 2.4 Judging in an unjust society 2.5 Law and Deconstruction. Tutorials. Part 3: Law and Modernity. 1. General Themes. 1.1 The Advent of Modernity 1.2 Law and Social Solidarity 1.3 Law, power and exploitation 1.4 Formal legal rationality and legal modernity 1.5 Transformations of Modern law. 2. Advanced Topics. 2.1 Legal pluralism 2.2 Juridiﬁcation 2.3 Displacing the juridical: Foucault on power and discipline 2.4.Law in the risk society 2.5 Law and Autopoiesis
Emilios Christodoulidis is a Professor in Legal Theory at the University of Glasgow. Lindsay Farmer is Professor of Law at the University of Glasgow. Scott Veitch is Professor of Jurisprudence and the University of Hong Kong