Legal Theory
Publisher: Palgrave Macmillan
Published: 2003
Place of publication: Basingstoke
Language: eng
Format: [electronic resource]
Number of pages: 238
ISBN-13: 9780230802636; 9781280860607
Description: Why do some rules have the status of law while others do not? Is law simply a matter of rules anyway? What is justice? Is there a duty to obey a law even if it is unjust? Should the law concern itself with the activities of consenting adults in private? This fully-updated new edition of Legal Theory asks questions such as these and discusses.
Notes: Description based on print version record.
Table of contents: title: Cover; Contents; Preface; Acknowledgments; Table of Cases; 1 The nature of legal theory: from laws to law; 2 An overview of the relationship between law and morality; 3 The natural law tradition; 4 English analytical positivism; 5 Kelsen's hierarchy of norms; 6 The revival of natural law: Fuller and Finnis; 7 Policies, principles, rights and interpretation: Dworkin's theory of adjudication; 8 American realism; 9 Critical perspectives on law; 10 Theories of justice; 11 Legal regulation of morality; Selected Further Reading; Index.