On the History of the Idea of Law
Cambridge University Press, 11/10/2005
EAN 9780521854238, ISBN10: 0521854237
Hardcover, 364 pages, 22.9 x 15.2 x 2.4 cm
Language: English
Originally published in English
On the History of the Idea of Law is the first book ever to trace the development of the philosophical theory of law from its first appearance in Plato's writings to today. Professor Letwin finds important and positive insights and tensions in the theories of Plato, Aristotle, Augustine, and Hobbes. She finds confusions and serious errors introduced by Cicero, Aquinas, Bentham, and Marx. She harnesses the insights of H. L. A. Hart and especially Michael Oakeshott to mount a devastating attack on the late twentieth-century theories of Ronald Dworkin, the Critical Legal Studies movement, and feminist jurisprudence. In all of this, Professor Letwin finds the rule of law to be the key to modern liberty and the standard of justice. This is the final work of the distinguished historian and theorist Shirley Robin Letwin, a major figure in the revival of Conservative thought and doctrine from 1960 onwards, who died in 1993.
Editor's preface
Introduction
Part I. Law Anchored to a Cosmic Order
1. Plato
2. Aristotle
3. Cicero
Part II. The Christian Revision
4. St Augustine
5. St Thomas Aquinas
Part III. The Modern Quest
6. Thomas Hobbes
7. John Locke
8. Immanuel Kent
9. Jeremy Bentham
Part IV. The Significance of Rules
10. From historical jurisprudence to realism
11. The Defence of Rules
Part V. The Idea of Law Repudiated
12. Marxist Theories
13. Political jurisprudence 1
14. Political jurisprudence 2
Part VI. New Foundations
15. A skeptical jurisprudence
16. Postscript
Index.