Retains many of the classic readings from the First Edition and extended readings from Aristotle, Aquinas, John Austin, John Locke, Thomas Hobbes, David Hume, Hans Kelsen, O.W. Holmes, and the American Legal Realists. New excerpts from Immanuel Kant, Jeremy Bentham, Rudolf von Jhering, Francois Geny, Henry Sumner Maine, Roscoe Pound, Lon Fuller, and H.L.A. Hart. New readings include excerpts from Critical Legal Studies, Feminist Jurisprudence, Critical Race Studies, and Law and Economics. Contemporary legal philosophers chosen for extended treatment include John Raws, John M. Finnis, Joseph Raz, Ronald Dworkin, Duncan Kennedy, and Richard A. Posner.
This book is an innovative contribution to analytical jurisprudence. It is mainly based on the distinct premises of linguistic philosophy and Carnapian semantics, but also addresses the issues of institutional philosophy, social pragmatism, and legal principles as envisioned by Dworkin, among others. Wróblewski ́s three ideologies (bound/free/legal and rational) and Makkonen ́s three situations (isomorphic/semantically vague/normative gap) of judicial decision-making are further developed by means of 10 frames of legal analysis as discerned by the author. With the philosophical theories of truth serving as a reference, the frames of legal analysis include the isomorphic theory of law (Wittgenstein, Makkonen), the coherence theory of law (Alexy, Peczenik, Dworkin), the new rhetoric and legal argumentation theory (Perelman, Aarnio), social consequentialism (Posner), natural law theory (Fuller, Finnis), and the sequential model of legal reasoning by Neil MacCormick and the Bielefelder Kreis. At the end, some key issues of legal metaphysics are addressed, like the notion of legal systematics and the future potential of the analytical approach in jurisprudence.