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Chapter

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.

Chapter

Cover Understanding Jurisprudence

8. Historical and anthropological jurisprudence  

This chapter, which discusses the development of historical and anthropological jurisprudence, first identifies the characteristics that distinguish the Western legal tradition from other systems. It then discusses the German Romantic Movement, which found its most powerful spokesman in jurist, Friedrich Karl von Savigny; its foremost champion in England was Sir Henry Maine. Maine exercised a significant influence over what has come to be called anthropological jurisprudence or legal anthropology, an approach to law that developed in the twentieth century and which was recognized as essential to an understanding of law by the American realist judge Oliver Wendell Holmes Jr.