1st Edition

The Methodology of Legal Theory Volume I

By Michael Giudice, Wil Waluchow Copyright 2010
558 Pages
by Routledge

558 Pages
by Routledge

The last decade has witnessed a particularly intensive debate over methodological issues in legal theory. The publication of Julie Dickson's Evaluation and Legal Theory (2001) was significant, as were collective returns to H.L.A. Hart's 'Postscript' to The Concept of Law. While influential articles have been written in disparate journals, no single collection of the most important papers exists.... Read more
Contents: Introduction; Part I Problems and Aims: What is jurisprudence about? Theories, definitions, concepts, or conceptions of law?, Michael D. Bayles; General jurisprudence: a 25th anniversary essay, Leslie Green; Leaving the Hart-Dworkin debate, Keith Culver; The methodology of jurisprudence: 30 years off the point, Andrew Halpin; Ways of understanding diversity among theories of law, Michael Giudice. Part II Issues of Semantics and Epistemology: Two views of the nature of the theory of law: a partial comparison, Joseph Raz; Jurisprudence and necessity, Danny Priel; Jurisprudence as practical philosophy, Gerald J. Postema; Beyond the Hart/Dworkin debate: the methodology problem in jurisprudence, Brian Leiter. Part III Perspectives on Morality in the Theory of Law: Hart's postscript and the character of political philosophy, Ronald Dworkin; Law and what I truly should decide, John Finnis; Concepts of law, Liam Murphy; Methodology in jurisprudence: a critical survey, Julie Dickson. Part IV Issues of Scope and Concepts: Transnational communities and the concept of law, Roger Cotterrell; Have concepts, will travel: analytical jurisprudence in a global context, William Twining; Socio-legal positivism and a general jurisprudence, Brian Z. Tamanaha; Doin' the transsystemic: legal systems and legal traditions, H. Patrick Glenn; Name index.

Biography

Michael Giudice, York University, Canada, Wil Waluchow, McMaster University, Canada and Maksymilian Del Mar is Reader in Legal Theory at Queen Mary University of London, UK.