Normal view MARC view ISBD view

Paton George Whitecross

A text book of jurisprudence - New Delhi Oxford University Press 2004 - 659p

CONTENTS:
BOOK I;
INTRODUCTION;
I. THE NATURE OF JURISPRUDENCE;
1. Introduction;
2. The Schools of Jurisprudence;
3. Bentham (1748- 1832);
4. John Austin and the Imperative School;
5. The Pure Science of Law;
6. The Historical School;
7. The Functional School;
8. The Sociology of Law;
9. The Teleological School;
10. The Scandinavian Realists;
11. Comparative Law;
12. The Scope of Jurisprudence; II. THE EVOLUTION OF LAW;
13. The Primitive Community;
14. Primitive Law;
15. Middle Law;
16. Classical Law;
17. Post-classical Law;
III. THE DEFINITION OF LAW;
18. Introduction;
19. Law, Ethics, and Positive Morality;
20. The Imperative Definition;
21. The Problem of International Law;
22. Definition of Law in Terms of the Judicial Process;
23. Definition of Law in Terms of its Purpose;
24. Formal Definitions of Law;
25. Definition of Law as Social Fact;
26. Conclusion;
BOOK II;
THE PURPOSE OF LAW;
IV. NATURAL LAW;
27. Introduction;
28. Greece;
29. Rome;
30. The Christian Fathers;
31. The Middle Ages;
32. The Seventeenth Century;
33. Natural Rights;
34. Modem Theories;
35. The Common Law Approach;
V. LAW AS THE PROTECTION OF INTERESTS;
36. The Problems of a Jurisprudence of Interests;
37. Social Interests;
38. Private Interests;
BOOK III;
SOURCES OF LAW;
VI. THE SOURCES OF LAW;
39. Meaning of the Term Source;
VII. CUSTOM;
40. Origin and Limits of Custom;
41. The Common Law Approach;
VIII. THE JUDICIAL METHOD;
42. Introduction;
43. Law, Logic, and Science;
44. The Facts and the Law;
45. Precedent;
46. Sources where there is no Authority;
47. Fixity and Discretion;
48. Principles, Standards, Concepts, and Rules;
IX. STATUTES AND CODES;
49. Comparison of Case Law and Statute;
50. Consolidation;
51. Statutory Interpretation in England;
52. Codification;
53. The Growing Importance of Statute Law;
54. Law Reform;
X. JURISTIC WRITINGS AND PROFESSIONAL OPINION;
55. Influence of Juristic Writings and Professional Opinion;
56. The Function of the Textbook;
BOOK IV;
THE TECHNIQUE OF THE LAW;
XI. CLASSIFICATION;
57. The Purpose of Classification;
58. Possible Methods of Classification;
59. The Arrangement Adopted;
60. Subordinate Classifications;
61. Legal Personality-An Introductory Note;
XII. RIGHTS AND DUTIES;
62. Analysis of a Right;
63. Claim, Liberty, Power, Immunity;
64. Absolute and Relative Duties;
65. Classification of Legal Rights;
66. The Creation and Extinction of Rights;
XIII. TITLES, ACTS, EVENTS;
67. Titles or Operative Facts;
68. An Act as the Basis of Liability in Crime and Tort;
69. Juristic Acts;
70. Types of Juristic Acts;
71. Acts of the Law;
72. Representation in a Juristic Act;
73. Assignment;
BOOK V;
PUBLIC LAW;
XIV. LAW AND THE STATE;
74. Distinction between Public and Private Law;
75. The Separation of Powers;
76. Law and the State;
77. The State as a Legal Person;
XV. CRIMINAL LAW;
78. Introduction;
79. Theories of Punishment;
80. The Causes of Crime;
81. Modes of Punishment;
82. Analysis of Criminal Liability;
83. Nulla poena sine lege;
BOOK VI;
PRIVATE LAW;
XVI. THE CONCEPT OF LEGAL PERSONALITY;
84. Introduction;
85. The Nature of Legal Personality;
86. Natural Persons;
87. Status;
88. Evolution of the Notion of Corporate Personality;
89. Types of Incorporation;
90. Theories of the Nature of Corporate Personality;
91. Some Practical Problems;
92. Associations;
XVII. RIGHTS CREATED BY A JURISTIC ACT;
93. Introduction;
94. Rights created by Agreement;
95. Evolution of the Concept of Contract;
96. Causa and Consideration;
97. Theories of the Nature of a Contract;
98. Sale and Hire-purchase;
99. Modern Developments;
100. Mistake, Misrepresentation, Duress;
101. Unilateral Juristic Acts;
XVIII. RIGHTS DIRECTLY CREATED BY LAW;
102. Introduction
103. Delict;
104. Purpose of the Law of Delict;
105. Standards of Care;
106. Abuse of Rights;
107. Functional Analysis;
108. Quasi-contract;
109. Unjust Enrichment;
XIX. REMEDIAL RIGHTS;
110. Introduction;
111. Types of Remedial Rights;
XX. EXTINCTION OF RIGHTS;
112. Extinction of Rights;
XXI. THE CONCEPT OF PROPERTY;
113. Introduction;
114. Things;
115. Dominium and Ownership;
116. Ius in re aliena;
117. The Trust;
118. Analysis;
·of Property in the Modern World;
119. Theories of Property;
120. Acquisition inter vivos;
121. Succession on Death;
XXII. THE CONCEPT OF POSSESSION;
122. Introduction;
123. The Struggle of Convenience and Theory;
124. Illustrative Cases and Rules;
125. Analysis of Possession;
126. Mediate and Immediate Possession;
XXIII. LAW OF PROCEDURE;
127. Introduction;
128. Summons;
129. Pleading and Practice;
130. Proof;
131. Appeal;
INDEX OF CASES;
INDEX.


ISBN: 9780195670653 0195670655

Subjects--Topical Terms:
1.Jurisprudence

Dewey Class. No.: 340.100000 / PAT-1