Jurisprudence, Classical and Contemporary

This text presents cutting edge contemporary materials, as well as new chapters on Natural Law, Positivism, Gay Legal Rights and Critical Lawyering. The book offers comprehensive coverage of legal theory from traditional to current movements, including new materials on Legal Formalism, Legal Process, Latino Critical, and Queer Critical Theory. Also contains extensive readings and updated and amplified notes, questions, problems, and bibliographies.

Preface

iii

Introduction

v

Acknowledgments

xiii

Table of Cases

xxxv

Table of Authorities

xxxix

Natural Law

1

(73)

Early Natural Law Philosophers

10

(8)

Contemporary Natural Law Theorists

18

(23)

The Obligation to Obey, The Problem of Evil, and Civil Disobedience

41

(19)

Contemporary Debates

60

(14)

Positivism

74

(82)

Classical or Analytical Positivism: The Sources of Law

81

(7)

The Separation of Law and Morality

88

(24)

Formalism, Adjudication, and Legal Reasoning

112

(28)

Modern Positivism: Inquiries Into Rules and Power

140

(16)

Legal Realism

156

(143)

A Sociological Jurisprudence

162

(16)

The Realists

178

(31)

Historiography and Legacy

209

(26)

Contemporary Applications: Constitutional Adjudication

235

(64)

Law and Economics

299

(103)

Evolution and Overview

309

(39)

Applications

348

(32)

The Future of Law and Economics

380

(22)

Critical Legal Studies

402

(59)

Exposing Hierarchy

405

(8)

Rights Talk: Indeterminacy and Alienation

413

(16)

The CLS Social Vision

429

(22)

The Fate of a Movement: Where Has CLS Gone?

451

(10)

Law and Literature

461

(77)

Law and

464

(8)

Law in Literature

472

(7)

Law and Interpretation (Law as Literature)

479

(24)

Storytelling: Re-Imagining Law Through Literature

503

(35)

Feminist Legal Theories

538

(75)

Feminism and Equality

543

(31)

Feminism and Anti-Essentialism

574

(8)

Pragmatic and Postmodern Feminism

582

(14)

Feminist Methodologies and Feminist Practice

596

(17)

Critical Race Theory

613

(87)

Critical Race Theory and Theory: Challenging the Dominant Conceptions of the Real and Realizable

619

(25)

Critical Race Theory and Critique: Challenges in Another Voice

644

(6)

Race and America Today: Resisting the Real, Re-Thinking the Realizable

650

(14)

Recent Developments

664

(36)

Gay Legal Rights and Narratives

700

(49)

Gaylegal Narrative or ``QueerCrit''

Postmodern Legal Theory: Pragmatism and Poststructuralism

749

(119)

Postmodernism and Objectivity: The Challenge to Formal Method

764

(39)

Postmodernism and Subjectivity: The Challenge to the Self

803

(38)

Postmodernism and Normativity: The Challenge to Moral Persuasion

841

(27)

Lawyering and Jurisprudence

868

(73)

Conceptualizing and Understanding the Role of Law and the Lawyer

869

(21)

Law as an Instrument of Social Change-Or of Repression

890

(35)

Advocating on Behalf of New Rights, Legal Theories, or Clients-The Case of Animal Rights

925

(16)

Index

941

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Jurisprudence, Classical and Contemporary

Summary

Table of Contents

Supplemental Materials