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Jurisprudence

A compilation of third year jurisprudence notes.

7 items

Jurisprudence : Arendt

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Detailed analysis of Hannah Arendt's concept of the political, and in particular the notion of ‘political freedom’, as well as consider what new perspective on law this demands.

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Jurisprudence : Rousseau

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Detailed analysis of Rousseau's concept of republicanism, where freedom is expressed through conformity with the ‘general will’.

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Jurisprudence : Rawls and Political Liberalism

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Detailed analysis of Rawls and Political Liberalism, the role of the overlapping consensus and public reason in fostering a sense of justice.

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Jurisprudence : Kant

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Detailed analysis of Kant's social contract, where the government is justified because it is required by our nature as free and rational beings.

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Jurisprudence : Hobbes

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Detailed analysis of Hobbes' social contract, where a government is justified because without it we will destroy each other.

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Jurisprudence : Adjudication

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Detailed analysis of law and adjudication : Radical Scepticism (Singer); The Positivist Response: Partial Constraint (Hart, Raz;, Interpretation, Coherence (MacCormick), and the ‘One Right Answer’ Thesis (Dworkin); Incommensurability (Finnis) and Pluralism (Sunstein)

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Jurisprudence : Legality and Legalism

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Detailed analysis of Hart-Fuller debate on Rule of Law (including Raz's view), a critique of legalism (Marxism, Robert Cover, Judith Shklar).

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