The Province of Jurisprudence Democratized"The Province of Jurisprudence Democratized contributes to the legal academy's shift away from a technical analytical philosophy to a jurisprudence that reflects a more democratic approach. It advances the claim that there is no position of theoretical or political innocence and that like the law it seeks to illuminate, legal theory must recognize its own political and social swing. Allan C. Hutchinson contends that, whatever else democracy might entail or imply, it must oppose elite rule whether by autocrats, functionaries or theorists, however enlightened or principled their proposals or interventions may be, and that authority must come from below, not above. The author's in-depth investigation into some of the most famous works of jurisprudence offers constructive suggestions to improve these historical arguments and forces open the longstanding issue of failed analytical methodologies of jurisprudence." "Scholars, students, and legal theorists alike will find this book engaging as they fashion their own objective criticisms regarding the concepts of 'truth,' 'fact,' and the relationship between 'law' and 'morality.' By challenging the foundational basis of contemporary legal thought. Allan C. Hutchinson attempts to wrest contemporary jurisprudence from the stifling grip of analytical legal theory, as he proposes to open it to a more thoroughly democratic approach."--BOOK JACKET. |
Contents
The Province of Jurisprudence Revisited | 21 |
The Provinciality of Jurisprudence | 39 |
The Morality of Jurisprudence Determined | 65 |
Copyright | |
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Common terms and phrases
accept Accordingly account of law ambition analytical jurisprudence analytical jurists analytical tradition arguments authority Casaubon challenge citizens claim commitment Concept of Law Consequently constitutional contemporary contested contingent courts critical critique debate decisions demo democratic democratic approach efforts elite empirical engagement epistemic epistemological ethical evaluative existence fact/value Fallon governance H.L.A. Hart Hart's historical important inquiry insists institutional Jeremy Waldron JOHN AUSTIN Joseph Raz judges judicial review jurisprudence's jurisprudential justice law and legal law and morality law's validity lawyers legal positivism Legal Realism legal system legal theory Leiter Leslie Green liberal mode modern moral legitimacy moralist nature neutral normative offer particular philosophical political popular participation positivists possible pragmatic pragmatists Province of Jurisprudence Richard Posner RICHARD RORTY role Ronald Dworkin scientific secondary rules separation thesis simply social practices society society's stance strong democracy substantive supra theoretical theorists theory of law tion truth value conversation values Waldron