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Coyle Sean: Modern Jurisprudence

Modern Jurisprudence

A Philosophical Guide

1. Justice, Law and History 
Morality 
History
Law 
Situating Jurisprudence 
 
PART ONE
FOUNDATIONS
2. Origins of the Western Jurisprudential Tradition 
A Basic Division 
Aristotelian Political Thought 
The Abandonment of Aristotle 
Justice and Community in Plato 
Suggested Reading 
3. Jurisprudence – The Classical Tradition 
Positive Law
Natural Law 
The Relationship between Natural Law and Positive Law 
Justice and Determination 
Human Knowledge of Natural Law 
A Word on Doctrines 
Suggested Reading 
4. The Emergence of ‘Modern’ Political Thought
Hobbes’s View of the Human Condition 
Law and Society
The Political Context of Leviathan
A Divided Inheritance 
Excursus 
Reason 
Sociability 
Absolutism 
The Right of Nature 
Suggested Reading 
5. Images of Law from Grotius to Kant 
Grotius as a Natural Law Theorist 
A New Framework 
Suggested Reading 
 
PART TWO
DEBATES
6. Positive Law, Positive Justice: Hart 
The Basic Dimensions of Hart’s Positivism 
The Nature of Law 
Law and Morality 
Natural Law 
Justice and Equality 
Suggested Reading 
7. Justice in the ‘Real World’: Dworkin 
The Philosopher-Judge 
Could the Law be an Expression of Something other than ‘Integrity’? 
Objectivity, Truth and Scepticism 
Philosopher-Kings and Philosopher-Judges 
Suggested Reading 
8. Justice and the Liberal State: Rawls 
Rational Reflection and Questions of Method 
The Problem of Justice 
The First Principle of Justice 
The Second Principle 
The Basic Structure in Context 
Suggested Reading 
9. Justice and the Common Good: Finnis 
Introducing the Political Philosophy 
The Basic Goods 
The Status of Practical Reasonableness 
Order, Community and Justice 
Justice and Rights 
The Overall Direction of Finnis’s Account 
Suggested Reading 
10. Justice and Legality: Fuller
Legality and Justice 
Justice and the Institutional Reality of Law 
Eunomics: The Theory of Good Order 
The Direction of Fuller’s Thought 
Suggested Reading 
11. Justice and Legal Order: Further Reflections 
Natural Right and Natural Law 
The Origin of the Law’s Authority 
Legal Order and Positive Law 
Summing Up 
Suggested Reading 
 
PART THREE
CRITICAL PERSPECTIVES
12. Disruptive Theories 
Critical Theory 
Critical Race Theory 
Feminist Legal Theory 
Suggested Reading 
13. Conclusions?

This book examines how ideological factionalism, cultural conflicts, and competing visions of justice have shaped America’s perception of multiculturalism. The author believes that the flash points disrupting America stem from feeling that one’s group is being disrespected, whether by threatening it with violence, or, more subtly, by a cold, exclusionary pattern. Building on the author's concept of religious humanism, the book offers a systematic explanation of the roots of factionalism and offers new pathways for embracing multiculturalism. In the process, the author critiques mainstream models of utility theory and identity politics, proposing a revised framework that headlines the search for meaning as the dominant soulful force shaping behavior. &nbsp;In later chapters, the focus shifts towards making multiculturalism work. Proposed reforms are grounded in civic purpose, offering economists, policymakers, and the public practical tools necessary to promote constructive dialogue and institutional inclusion. Successful multicultural policies should aim at promoting national unity by honoring hyphenated-American cultural identities.&nbsp;Victor Glass 
 is Professor of Professional Practice and Director of the Center for Research in Regulated Industries (CRRI) in the Department of Finance and Economics at Rutgers University Business School, Newark, New Jersey, USA. He holds a PhD in Economics and an MBA from Columbia University. He has published articles and books on net neutrality, business data services, customers as competitors, the next generation of wireless technology, smart grid technologies, and antitrust policies, among others.

Economic Theory, Cultural Memory, and the Case for Institutional Reform

Reframing Multiculturalism in the United States

Landmark Cases

This book presents the landmark cases in company law which have shaped and defined the field and is written by leading experts in the field.

Landmark Cases in Company Law

Anthropology, Law, and Political Morals

Some Versions of Legalism

The Princeton Economic History of the Western World

Eurasian Trade and the Rise of the Business Corporation, 1400–1700

Going the Distance

An Australian History

Claims of Belonging and Constitutional Citizenship

This volume explores the various intellectual property dynamics that emerged during the Cold War, circa 1946-1980. This period brought about some of the most poignant moments in the development of twentieth-century international intellectual property rights, when competing economic systems recognised the value in innovation, human creativity, cinema, and international intellectual property norms and institutions. Examining these developments from a Cold War approach can say much more as it allows for the examination of processes and norms that cater to strong domestic intellectual property rules in Western capitalism while yielding to 'universal' or 'common' property norms in copyright in socialist states. This volume connects some of the different advances made in the international emergence of these competing developments regarding intellectual property rights and emphasises the role of intellectual property institutions, processes, and universalism that helped keep Cold War rivals on the same normative, foundational street for intellectual property rights. Contributors are: P. Sean Morris, Peter. B. Maggs, Lodewijk van Dycke, Hans Morten Haugen, Phillip Johnson, Jose Bellido, Johanna Gibson, Sarah Rajec, Hannibal Travis, Johanna Dahlin, and Jocelyn Bosse.

The Cold War Structure of International Intellectual Property Law, 1946-1980

Do animals have legal rights? This pioneering book tells readers everything they need to know about animal rights law. Using straightforward examples from over 30 legal systems from both the civil and common law traditions, and based on a popular course taught by the authors at the University of Cambridge, the book takes the reader from the earliest anti-cruelty laws to modern animal welfare laws, to recent attempts to grant basic rights and personhood to animals. To help readers understand this legal evolution, it explains the ethics, legal theory, and social issues behind animal rights and connected topics such as property, subjecthood, dignity, and human rights. The new edition, fully updated throughout, contains a new chapter on rights of nature. The book's companion website (bloomsbury.pub/animal-rights-law) provides access to briefs on the latest developments in this fast-changing area, and gives readers the tools to investigate their own legal systems with a list of key references to the latest cases, legislation, and jurisdiction-specific bibliographic references. Rich in exercises and study aids, this easy-to-use introduction is a prime resource for law students and for anyone else who wants to understand how animals can be protected by the law.

Animal Rights Law

Etiology, Elements, and Effects

A Natural History of Legal Argument

This book challenges the view that legal positivism should be reduced to a conceptual analysis of legal validity. Instead, Elena Namli reclaims legal positivism as a theory of the relationship between law, morality, and politics. Presenting novel interpretations of the classical works of Herbert L. A. Hart, Joseph Raz, and Jürgen Habermas, Namli frames legal positivism as a theory that makes possible a moral and political critique of valid law. Moreover, this book defends the dialectical relationship between law, politics, and morality by combining a positivist approach to legal validity with a constructivist ethical theory which strengthens the critical potential of legal positivism. Legally valid norms may not always be morally justified, but understanding the moral quality of legal regulations is essential for comprehending modern law.

Legal Positivism, Politics, and Critical Ethics

Examines whether the rule of law can endure without its natural law and metaphysical foundations, arguing for a renewed, human-centered legal order grounded in objective moral principles and capable of addressing contemporary challenges such as AI, technocracy, and decolonization.
This provocative interdisciplinary volume addresses a mounting global crisis: the erosion of the rule of law in an increasingly secular and technological world. As societies move into what the authors call the "fourth era" of legal history, the rule of law is frequently reduced to a mere "toolkit" for elites or a "checklist" for bureaucratic efficiency, stripped of its deeper moral and transcendent roots. The book explores a vital question: can legal systems remain just when they are "truncated of transcendence" and disconnected from a higher moral order? By sifting through the legacies of legal giants like Lon Fuller and theologians like Karl Barth, the contributors argue that a purely procedural "inner morality" is insufficient to protect human dignity against authoritarian relapses or the cold logic of "technocratisation." 
Central to the book's unique vision is a multivalent, pluralistic re-envisioning of global norms. Drawing on the Christian philosophy of Herman Dooyeweerd, specifically his concept of "sphere sovereignty," the authors propose a framework where diverse religious and secular traditions can collaborate without sacrificing their distinct identities. This approach offers a powerful way to decolonize the rule of law, moving away from "one-size-fits-all" Western impositions toward a culturally sensitive synthesis of universal principles and local traditions. 
The text also tackles the controversial relationship between Natural Law and the 10 Commandments, debating whether positive laws should be grounded in "naturally knowable" truths or specific religious revelations in a pluralistic state. 
Looking toward the future, the authors issue a stark warning against the rise of Generative AI (GenAI) in legal adjudication. They argue that replacing human value judgments with machine-driven algorithms threatens to eliminate the discretion and relational interaction essential to true justice. To counter this, the book calls for educational reform and a shift toward "principled legal education" that prioritizes ethics, restorative justice, and a "facts first" approach. Ultimately, this work is a call to action for legal professionals, theologians, and the public to reclaim law as a framework for human flourishing-a "language of love" between the divine and the human that protects the vulnerable from the arbitrary exercise of power.

Reclaiming Justice Through Natural Law

The Rule of Law, Human Dignity and the Future of Democracy

The 'fresh start' that is afforded individual debtors through the discharge doctrines of American bankruptcy law has, to date, defied justification by a single normative principle or theoretical paradigm. The justificatory accounts that have been advanced either fail to explain core doctrines that have long defined the right of discharge or invite theoretical challenges that suggest that their descriptive virtues are swamped by their normative or conceptual shortcomings. This book presents a taxonomy of traditional justifications of bankruptcy and subjects them to critical evaluation. It then seeks to offer a new justification of bankruptcy's 'fresh start' doctrines-one that takes its inspiration from a quite different moral tradition than those that have informed past efforts to justify and explain our enduring societal willingness to release people from onerous financial obligations. The book argues that personal debt relief is fully vindicated not by a utilitarian theory, nor by a distributive justice theory, nor by a retributive theory, nor by any other rights- or duties-based theory that is preoccupied with moral claims that particular creditors or debtors might proffer. Rather, the long-standing institution of discharge in bankruptcy is best explained by an aretaic, or virtue-based, theory that concerns itself with the obligations that the rest of us have to be charitable towards those who are unable to repay their debts. The fresh start that bankruptcy gives to those who have been shackled by overwhelming debt is justified not by its effects on creditors, debtors, or future market actors, but by its satisfaction of the demands of individual charity to which all citizens are subject. Bankruptcy's discharge of the debts of those who have become financially desperate is best thought to be an institution that aggregates others' demands of good character so as to permit citizens for whom debt-forgiveness is a personal virtue to live in a society that fulfils that virtue.

The Virtue of Bankruptcy

Debts and the Demands of Conscience

Hart Studies in Constitutional Theory

This is the second part of a 2-volume set which presents an in-depth investigation into the canon of constitutionally conforming interpretation. This second volume builds upon the insights of the first volume, which includes national reports on the use of constitutional interpretation. In Volume 2, the analysis is extended beyond the national context, discussing its application in the supranational and international contexts, including in EU law and the domestic use of international law. It presents several critical perspectives, challenging the legitimacy of constitutionally conforming interpretation, and looks at the invisible constitution, constitutional amendments, and the impact of legalism. The volume is rounded off by three comparative analyses, which formulate universally applicable insights. Together with Volume 1, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse on this critical legal method.

Volume 2: Connections and Analysis

Constitutionally Conforming Interpretation – Comparative Perspectives

Modern Jurisprudence

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