A New Introduction to Jurisprudence: Legality, Legitimacy and the Foundations of the Law / Edition 1

by Paul Cliteur, Afshin Ellian

Overview

A New Introduction to Jurisprudence takes one of the central problems of law and jurisprudence as its point of departure: what is the law? Adopting an intermediate position between legal positivism and natural law, this book reflects on the concept of ‘liberal democracy’ or ‘constitutional democracy’.

In five chapters the book analyses: (i) the idea of higher law, (ii) liberal democracy as a legitimate model for the state, (iii) the separation of church and state or secularism as essential for the democratic state, (iv) the universality of higher law principles, (v) the history of modern political thought.

This interdisciplinary approach to jurisprudence is relevant for legal scholars, philosophers, political theorists, public intellectuals, historians, and politicians.

Product Details

ISBN-13:	9780367112356
Publisher:	Taylor & Francis
Publication date:	04/01/2019
Pages:	222
Product dimensions:	6.12(w) x 9.19(h) x (d)

About the Author

Paul Cliteur is Professor of Jurisprudence at Leiden University, the Netherlands. He is the author of The Secular Outlook (2010) and Theoterrorism v. Freedom of Speech (forthcoming).

Afshin Ellian is Professor of Jurisprudence at Leiden University, the Netherlands. He edited The State of Exception and Militant Democracy in a Time of Terror (2012) and Counterterrorism after the IS-Caliphate (forthcoming).

Table of Contents

List of figures

Preface

Acknowledgment of sources

1 Legality and legitimacy in natural law and legal positivism

2 Constitutional democracy as a legitimate form of government

3 The separation of church and state

4 The universality of values and principles

5 The classical foundations of modern law

Index