Jurisprudence The Philosophy and Method of the Law 1st edition by Edgar Bodenheimer ISBN 9780674237094

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ISBN 13: 9780674237094

Author: Edgar Bodenheimer

Twelve years have passed since the publication of the 1962 edition of this textbook. During this time there have occurred significant developments in analytic jurisprudence and in the legal philosophy of values which have received recognition in additions to the historical part of this volume. The second and central part of this book, dealing with the nature and functions of law, has been largely rewritten. More extensive consideration than in the previous edition has been given in particular to the psychological roots of the law, the conceptual scope and substantive components of the notion of justice, and the criteria for validity of the law. Less comprehensive were the revisions in the third part of the book, concerned with problems of legal method. The section on legal logic was replaced by a more differentiated analysis of the modes of legal reasoning, which in turn made necessary a reappraisal of the role of value judgments in the adjudicatory process. Throughout this revised edition, reference has been made to important books and article in the field which have appeared since the publication of the 1962 edition.

Table of contents: 

Part I. Historical Introduction to the Philosophy of Law
Chapter 1.    Greek and Roman Legal Theory
Chapter 2.    Legal Philosophy in the Middle Ages
Chapter 3.    The Classical Era of Natural Law
Chapter 4.    German Transcendental Idealism
Chapter 5.    Historical and Evolutionary Theories
Chapter 6.    Utilitarianism
Chapter 7.    Analytical Positivism
Chapter 8.    Sociological Jurisprudence and Legal Realism
Chapter 9.    The Revival of Natural Law and Value-Oriented Jurisprudence
Part II. The Nature and Functions of the Law
Chapter 10.  The Need for Order
Chapter 11.  The Quest for Justice
Chapter 12.  Law as a Synthesis of Order and Justice
Chapter 13.  Law as Distinguished from Other Agencies of Social Control
Chapter 14.  The Benefits and Drawbacks of the Rule of Law
Part III. The Sources and Techniques of the Law
Chapter 15.  The Formal Sources of the Law
Chapter 16.  The Non formal Sources of the Law
Chapter 17.  Law and Scientific Method
Chapter 18.  The Techniques of the Judicial Process

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