A new introduction to jurisprudence : legality, legitimacy and the foundations of the law /
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 'constitut...
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| Main Authors: | , |
| Format: | Electronic eBook |
| Language: | English |
| Published: |
New York, NY :
Routledge,
2019
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| Subjects: | |
| Local Note: | ProQuest Ebook Central |
Table of Contents:
- Cover; Half Title; Title Page; Copyright Page; Table of Contents; List of figures; Preface; Acknowledgment of sources; 1. Legality and legitimacy in natural law and legal positivism; Five characteristics of natural law; Plato; Teleology; Man as a rational being; Metaphysical principles; Universal validity; A touchstone; Objections; Sein and Sollen; Leerformeln; Feelings; Evaluation of the objections; Lon Fuller; Natural law, a form of morality?; Judge and conductor; Ubi societas, ibi ius; Again: empty formulas?; Alternative natural law; Perelman and Hayek; Hayek on spontaneous order
- TraditionA touchstone for the law?; Gustav Radbruch; H.L.A. Hart; The Hart-Fuller debate; A synthesis; Lex iniusta non est lex?; 2. Constitutional democracy as a legitimate form of government; Postmodernism; Constitutional democracy; Democracy; Constitutionalism; Five principles of constitutionalism; The CCP; Humanism; Humanism and constitutionalism; Tension between entrenchment and democracy; Paine and Burke; Judicial review; Contradictions within the CCP; Two consequences; The end of history thesis again; 3. The separation of church and state; Bishop Nazir-Ali; The atheist state
- The theocratic stateThe state with a state religion; The multicultural or multireligious state; The secular or agnostic state; 4. The universality of values and principles; Cultural conflicts; Live and let live; Female genital mutilation; The conflict further defined; Tolerance out of respect; Cultural relativism; Six cultural relativists; Stace, Bloom, and Bork; Dickens and Kipling; Seven elements of cultural relativism; Criticism of cultural relativism; Dworkin on "critical morality"; "Critical morality" and cultural anthropology; Consistency; Practical objections
- Universality is indispensableHamed Abdel-Samad; 5. The classical foundations of modern law; The modern worldview; From the Middle Ages to the modern era; Descartes; Criminal law and modernity; Enlightenment; Contract thinkers; Human rights; Rousseau and Hobbes again; Index
