It is six years since the last edition of this book was published. Though a
short time, particularly when it is remembered that speculation about law
spans nearly three millennia, much has happened to the subject within
this period. The 1970s and 1980s have seen feverish activity in all areas of
jurisprudence. Major new works have been published: Rawls's Theory of
Justice, Dworkin's Taking Rights Seriously, Finnis's Natural Law and
Natural Rights. Books like these as well as the writings of Raz, Nozick,
Unger and others have helped to shift the contours of jurisprudence.
Once perhaps the lawyer's extraversion it is now firmly embedded within
moral philosophy, political theory and social theory.
We have tried in the new edition to encompass these new developments.
We have included a new chapter on modern trends in analytical
and normative jurisprudence. This has enabled us to give greater attention
to Hart, Dworkin, Rawls and Nozick than we did in the previous
edition. The chapter includes a new section on rights which is undoubtedly
a central concern of contemporary jurisprudence. It also includes for
the first time a discussion of the most interesting of contemporary goalbased
movements, the economic analysis of law.
The chapter on American Realism contains for the first time a discussion
of the Critical Legal Studies movement which has burgeoned in the
United States in the years since the last edition of this work was prepared
for publication. The economic analysis and critical law are two of the most
interesting recent developments: neither (and particularly the latter) can
yet be fully assessed. We offer accordingly interim reports. It is possible
that by the time the next edition of this book is written both of these
movements will have changed. Critical legal studies may in time become
indistinguishable from Marxist legal literature.
Our chapter on Marxist legal thought has also undergone considerable
revision to take account of the more analytical approach to the subject
now current. Greater attention is given to the base-superstructure
metaphor, to justice and to ideology and the important Bolshevik writer
Pashukanis is considered in greater detail than in the last edition . We have
also been able to take advantage of a newer and much more readable
translation of Pashukanis which has appeared in recent years.
عنوان: Lloyd's Introduction to Jurisprudence
نویسنده: Lord Lloyd Hampstead and M.D.A. Freeman
شابک: 0459382705, 978-0459382704
حجم: 231 Mb
فرمت: Scanned Pdf with ocr