The third in a series of three volumes on Contemporary Legal Theory, this volume deals with four topics: 1) the role of legal theory in the legal curriculum; 2) the teaching of legal theory; 3) the relationship of legal theory to legal scholarship; and 4) the relationship of legal theory to comparative law. The focus of the first two topics is on the common law world, where the debates over the aims and proper place of legal theory in the study of law have traversed a good deal of ground since John Austin's 1828 lecture, 'The Uses and the Study of Jurisprudence.' These first two parts offer a selection of the most important papers, including surveys, as well as pedagogical viewpoints and particular course descriptions from analytical, critical, feminist, law-and-literature and global perspectives. The last three decades have seen just as many changes for legal scholarship and comparative law. These changes (such as the rise of empirical legal scholarship) have often attracted the attention of legal theorists. Within comparative law, the last thirty years have witnessed intense methodological reflection within the discipline; the results of these reflections are themselves properly recognised as legal theoretical contributions. The volume collects the key papers, including those by Neil MacCormick, Mark Van Hoecke, Andrew Halpin, William Ewald and Geoffrey Samuel.
Table of Contents
Contents: Introduction; Part I The Role of Legal Theory in the Legal Curriculum: The province of jurisprudence determined - again!, Hilaire Barnett; The democratic intellect and the law, Neil MacCormick; The role and place of theory in legal education: reflections on foundationalism, Alan Hunt; Pandora's Box: jurisprudence in legal education, Roger Cotterrell. Part II The Teaching of Legal Theory: Teaching feminist legal theory at Texas: listening to difference and exploring connections, Patricia A. Cain; Disturbing images: literature in a jurisprudence course, Philip C. Kissam; Implications of 'globalisation' for law as a discipline, William Twining; Teaching legal ideals through jurisprudence, Seow Hon Tan. Part III Legal Theory and Legal Scholarship: The ethics of legalism, Neil MacCormick; Epistemological perspectives in legal theory, Mark Van Hoecke and FranÃ§ois Ost; Law, theory and practice: conflicting perspectives?, Andrew Halpin; Legal originality, Mathias M. Siems. Part IV Legal Theory and Comparative Law: Critical comparisons: re-thinking comparative law, GÃ¼nter Frankenberg; Legal cultures, legal paradigms and legal doctrine: towards a new model for comparative law, Mark Van Hoecke and Mark Warrington; The jurisprudential approach to comparative law: a field guide to 'rats', William Ewald; Comparative law and jurisprudence, Geoffrey Samuel; Comparative law as comparative jurisprudence - the comparability of legal systems, Catherine Valcke; Name index.
Maksymilian Del Mar is Reader in Legal Theory at Queen Mary University of London, UK. William Twining, University College London, UK and Michael Giudice, York University, Canada