A Treatise of Legal Philosophy and General Jurisprudence is the
first-ever multivolume treatment of the issues in legal philosophy
and general jurisprudence, from both a theoretical and a historical
perspective. The work is aimed at jurists as well as legal and
practical philosophers. Edited by the renowned theorist Enrico
Pattaro and his team, this book is a classical reference work that
would be of great interest to legal and practical philosophers as
well as to jurists and legal scholar at all levels. Thework is
divided The theoretical part (published in 2005), consisting of
five volumes, covers the main topics of the contemporary debate;
the historical part, consisting of six volumes (Volumes 6-8
published in 2007; Volumes 9 and 10, published in 2009; Volume 11
published in 2011 and volume 12 forthcoming in 2012/2013), accounts
for the development of legal thought from ancient Greek times
through the twentieth century. The entire set will be completed
with an index.
Volume 11
Legal Philosophy in the Twentieth Century: The Common Law World
Legal Philosophy in the Twentieth Century: The Common Law World
offers a fresh, philosophically engaged, critical interpretation of
the main currents of jurisprudential thought in the
English-speaking world of the 20th century. It tells the tale of
two lectures and their legacies: Oliver Wendell Holmes, Jr. s The
Path of Law (1897) and H.L.A. Hart s Holmes Lecture, Positivism and
the Separation of Law and Morals (1958). Holmes s radical challenge
to late 19th century legal science gave birth to a rich variety of
competing approaches to understanding law and legal reasoning from
realism to economic jurisprudence to legal pragmatism, from
recovery of key elements of common law jurisprudence and rule of
law doctrine in the work of Llewellyn, Fuller and Hayek to
root-and-branch attacks on the ideology of law by the Critical
Legal Studies and Feminist movements. Hart, simultaneously building
upon and transforming the undations of Austinian analytic
jurisprudence laid in the early 20th century, introduced rigorous
philosophical method to English-speaking jurisprudence and offered
a reinterpretation of legal positivism which set the agenda for
analytic legal philosophy to the end of the century and beyond. A
wide-ranging debate over the role of moral principles in legal
reasoning, sparked by Dworkin s fundamental challenge to Hart s
theory, generated competing interpretations of and fundamental
challenges to core doctrines of Hart s positivism, including the
nature and role of conventions at the foundations of law and the
methodology of philosophical jurisprudence.
General
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