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The aim of this book is to give an insight into analyses of the nature of law, in a way which is straight forward and yet does not spare students the process of thinking problems out fully. It is much more a self-contained course than a reference book, but it can also provide the basis for wider studies in the field of legal theory. The course is presented in the form of a comparative study within a manageable framework. The views of a number of jurists are examined and specific themes which the reader will find useful, both within the framework of the book and beyond it, are emphasised. There is an introductory chapter, calculated to dispel unnecessary doubts and to remove complications from the study of legal theory. This chapter also provides introductory guidelines which are expanded in later chapters with reference to specific issues. Substantial reference is made throughout the book to original sources, with the author acting as a guide. Each of the developments traced is introduced in such a way as to indicate not just what questions may be asked, but also why they are asked.
The text of the first edition has been substantially revised, and two new chapters have been added on subjects which have an obvious claim to the attention of students of legal theory. Chapter 3 deals with some significant practical contributions made by natural law doctrine to the solution of some acute legal and moral problems arising out of the so-called ``grudge informer`` and allied cases in post-war germany. Chapter 9 contains an outline of the juristic thoughts and juridical institutions which originate in Marxist doctrine. Furthermore, existing chapters have been amended so as to take account of some recent assessments of established juristic theories.
A legal theory course should induce genuine understanding of the issues involoved. The ability to ask questions is at least as important as the ability to give answers; the mere memorising of disconnected detail is something the student should avoid. With this in mind, this concise comparative survey of major developments in the theory of law will be of immense value not only to the law student, but also to any person or institution interested in the nature of law and the analysis of legal concepts.ISBN : 9788175341614
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Pages : 219
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