Scholars of the Law

English Jurisprudence From Blackstone to Hart

Richard A. Cosgrove

• Publisher: NYU Press
• Year: 1996
• Print ISBN:
  9780814715338
• eBook ISBN:
  9780814772218
• Topic: Law
• Subtopic: Jurisprudence
• Index: Law

Law has been the missing link in modern British studies. Richard Cosgrove has begun single-handedly to change that. In unpretentious prose Cosgrove expertly guides the reader through the major works of half a dozen 'greats' as well as shrewdly assessing their current reputations. Scholars of the Law should inspire many more!
--John V. Orth, The University of North Carolina School of Law
Richard Cosgrove's Scholars of the Law begins with the emergence of the positivist belief that jurisprudence can solve the important social issues of the day. Legal theory in the twentieth century has become narrow and abstract, and contemporary theory, ever anxious to debunk elitism, ironically has become elitist itself. Charting the history of English jurisprudence through its key figures--William Blackstone, Jeremy Bentham, John Austin, Henry Maine, Thomas Erskine Holland, and H. L. A. Hart--Richard Cosgrove argues that jurisprudence must return to its interdisciplinary roots and draw upon economics, politics, and sociology. In short, theory and practice must be recombined.

Table of contents

• Cover
• Title Page
• Copyright Page
• Contents
• Acknowledgments
• Chapter One From Jurisprudence to Legal Philosophy
• Chapter Two Sir William Blackstone: The Intersection of Positivism and Natural Law Theory
• Chapter Three Jeremy Bentham: The Light of Utility
• Chapter Four John Austin: "The Matter of Jurisprudence Is Positive Law"
• Chapter Five Sir Henry Maine: Historical Jurisprudence and Social Reform
• Chapter Six Sir Thomas Erskine Holland: The Transition to Modern Academic Law
• Chapter Seven H. L. A. Hart: Law and Morality Reconsidered
• Chapter Eight Conclusion
• Notes
• Bibliography
• Index