By Peter Curzon
ISBN-10: 1859411614
ISBN-13: 9781859411612
'The Cavendish legislation playing cards hide the vast variety of matters to be had at the undergraduate legislation programme, in addition to at the CPE/Diploma in legislation path. every one of the Cavendish legislations playing cards is a whole, pocket-sized consultant to key examinable components of the legislation syllabus. Their concise textual content, simple structure and compact structure make the Cavendish legislations playing cards perfect revision aids for opting for, realizing and committing to reminiscence the salient issues of every subject.
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Extra info for Lecture Notes on Jurisprudence (Lecture Notes Series)
Example text
The Romans’ encounter with Greek civilisation and culture produced a deep impression on Roman jurists (but not on the practical activities associated with the law). The interpretation of laws, the collection and systematisation of data by Roman jurists so that principles might be elicited, owed much to the dialectical method and the rules of rhetoric favoured by the Greeks. Cicero (106 BC–43 BC), statesman, scholar, and, reputedly, Rome’s greatest legal orator, is said to have given the West the basis of its philosophical vocabulary.
Few such universal principles may be discovered in jurisprudence. 1 Problem of verifiability Scientific method (the rigorous testing of data, for example) is to be found rarely in juristic investigation. Attempts to introduce a scientific vocabulary (see, eg, Hohfeld’s categorisation of rights, in Chapter 23) have not met with universal approval among jurists. Experimentation, which is essential to scientific enquiry, is virtually impossible in jurisprudence. Jurisprudence is concerned in large measure with the posing of types of question which cannot be answered within the modes of expression common to the scientific disciplines.
8 Classification of jurisprudential thought Attempts have been made to categorise the wide variety of theories of jurisprudence. Thus, Hall’s text, Readings in Jurisprudence (1938), is arranged as follows: Natural Law; Historical Jurisprudence; Transcendental Idealism; Utilitarianism; Social Functionalism; Pragmatism. Bodenheimer’s Jurisprudence (1974) arranges legal theories under the following headings: Greek and Roman theory; Legal Philosophy in the Middle Ages; Natural Law in the Classical Era; German Transcendental Idealism; Historical and Evolutionary theories; Utilitarianism; Analytical Positivism; Sociological Jurisprudence; the Revival of Natural Law.