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Cover McCoubrey & White's Textbook on Jurisprudence

1. What is Jurisprudence?  

J. E. Penner and E. Melissaris

This chapter provides an overview of the four parts of the book. Part I covers the theories of the nature of law. Part II considers particular philosophical issues in law. Part III explores the intellectual foundations of the liberal social contract tradition in political and legal philosophy. Part IV turns to radically different ways of viewing society, politics, the state, and law.

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Cover McCoubrey & White's Textbook on Jurisprudence

10. The Legal and Political Philosophy of Thomas Hobbes  

J. E. Penner and E. Melissaris

This chapter explores the legal and philosophy of Hobbes. It covers foundational assumptions; ‘man’s natural condition’ or the state of nature; exit from the state of nature and entry into the civil condition; the social contract; the sovereign’s powers and the form and content of government and law; and whether Hobbes’s political philosophy is liberal and suitable for our times.

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Cover McCoubrey & White's Textbook on Jurisprudence

11. The Legal and Political Philosophy of Immanuel Kant  

J. E. Penner and E. Melissaris

This chapter explores the legal and philosophy of Kant. It discusses the foundations of Kant’s political and legal philosophy from innate right to private right and public right; the original contract, the State, and law; and Kant on revolution.

Chapter

Cover McCoubrey & White's Textbook on Jurisprudence

12. John Rawls’ Political Liberalism  

J. E. Penner and E. Melissaris

This chapter explores John Rawls’s political liberalism, a contemporary reworking of the idea of the social contract and one which straddles the boundary between Hobbesian rationality and Kantian reasonableness. The discussions cover the ‘fact of reasonable pluralism’; the ‘original position’ and Rawls’s political constructivism; the principles of justice; the stability of the liberal State; the stages of application of the political conception of justice; and justice and liberal legitimacy.