LAST HANDOUT

Essentials of Jurisprudence

Fall 2010

Durkheim (mechanical solidarity and repressive law), Weber (typologies of legal development and immunity of capitalism from economics), Ehrlich - contributions

Difference between Scandanavian and American Legal Realism

Rawls, Hohfeld, Dworkin, Nozick.

Animal Rights – how derived.

Human Rights – three levels of development and six problems.

How would Finnis, Fuller, Hart, Kelson and Hart deal with human rights from their perspectives.

What is social engineering

Conflict model of jurisprudence

Marxist critique of law and society – materialist account of law – class explanation – legal fetishism

Difference between bourgeois rights and socialist rights

Foucault on power and law – discipline

Stages of the juridification of sovereignty – who said it and what it means

Autopoiesis and law

Justice theory – economic analysis – rights analysis – theorists and basic ideas

Chicago school – origin and direction

Pareto Optimum // Kaldor-Hicks test  - what they means

POP – veil of ignorance – Rawls – principles of justice – Political Liberalism – traditional bourgeois liberal assumptions

“A Matter of Principle” – who wrote it.

A Theory of Justice – social contractarianism – rejection of utilitarianism

Jural Relations and rights – Opposites and correlatives

Human rights – communitarianism, relativism, utilitarianism, socialism, legal positivism, critical theory

Basis for animal rights – based on class discussion and end of Rights chapter

Rights based, consequentialist (purposive construction of 1^st Amendment)

American procedural approach to 1^st Amendment and “Clear and Present Danger Doctrine”

Definition of Critical Legal Theory- their 4 critiques of society and their 5 major aspects.