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............................................................................................................................DescriptionThis is the 12th Edition of this well-known classic, an established leader among standard textbooks on jurisprudence. Classic though it is however the new Salmond presents a thoroughly readable survey of contemporary jurisprudence. Aiming at a practical and common sense approach, the Editor has also brought to bear the latest techniques of modern analytical philosophy.The material dealing with legal theory has been completely rewritten in order to examine its scope more fully and to give better insights into the. purpose of investigations in jurisprudence. The main theories of law are fully discussed and, in particular, definitions of law, other than those propounded by Salmond himself, are investigated.Much of the text dealing with particular legal concepts has been altered to take account of recent work, and these concepts are examined against the background of ordinary linguistic usage and with the aid of modern methods. In order to make room for the development of the book described above, some of the original text has been omitted, but where Salmond's own views are of special interest or importance they have been retained or referred to. Throughout the Editor has concentrated on essentials, avoided excessive detail, and aimed to provide a textbook which is not too difficult but which fully accepts the challenge of approaching this subject in the light of recent developments.............................................................................................................................Contents1. The Nature and Value of JurisprudenceBook I - The Nature of Law and the Administration of Justice 1. The Nature of Law 2. The Purpose of Legal Theory 3. Law as the Dictate of Reason: Natural Law 4. Law as the Command of the Sovereign: Imperative Law 5. Law as the Practice of the Court: Legal Realism 6. Law as a System of Rules 7. International Law 8. The Authority of Law 9. The Function and Purpose of Law: Justice, Stability and Peaceful Change 10. Law and Fact 11. The Territorial Nature of Law 12. Constitutional Law2. The Administration of Justice 13. Necessity of the Administration of Justice 14. Civil and Criminal Justice 15. The Purpose of Criminal Justice: Punishment 16. Civil Justice; Primary and Sanctioning Rights 17. Secondary Functions of Courts of LawBook II - The Sources of Law 3. The Sources of Law 18. Legal and Historical Sources 19. The Legal Sources of English Law4. Legislation 20. The Nature of Legislation 21. Supreme Legislation 22. Subordinate Legislation 23. Relation of Legislation to Other Sources 24. Codification 25. The Interpretation of Enacted Law5. Precedent 26. The Authority of Precedents 27. Circumstances Destroying or Weakening the Binding Force of Precedent 28. The Hierarchy of Authority 29. The Ratio Decidendi 30. Judicial Reasoning6. Custom 31. The Early Importance of Customary Law 32. Reasons for the Reception of Customary Law 33. Kinds of Custom 34. Conventional Custom 35. Local Custom 36. Custom and Prescription 37. The General Custom of the RealmBook III - Legal Concepts7. Legal Rights 38. Wrongs 39. Duties 40. Rights 41. The Characteristics of a Legal Right 42. Legal Rights in a Wider Sense of the Term 43. The Kinds of Legal Eights 8. Ownership 44. The Idea of Ownership 45. The Subject-Matter of Ownership 46. Sole Ownership and Co-Ownership 47. The Fragmentation of Ownership in respect of Time 48. Trust and Beneficial Ownership 49. Legal and Equitable Ownership 50. Vested and Contingent Ownership9. Possession 51. The Idea of Possession 52. Possession in Fact 53. Possession in Law 54. Immediate and "Mediate Possession 55. Concurrent Possession 56. The Acquisition of Possession 57. The Continuance of Possession 58. Incorporeal Possession 59. Possession and Ownership 60. Possessory Remedies10. Persons 61. The Nature of Personality 62. The Legal Status of the Lower Animals 63. The Legal Status of Dead Men 64. The Legal Status of Unborn Persons 65. Double Capacity and Double Personality 66. Legal Persons 67. Corporations 68. The Agents, Beneficiaries and Members of a Corporation 69. The Acts and Liabilities of a Corporation 70. The Uses and Purposes of Incorporation 71. The Creation and Extinction of Corporations 72. The State as a Corporation 73. Unincorporated Associations 74. Corporate Personality11. Titles 75. Vestitive Facts 76. Acts in the Law 77. Agreements 78. The Classes of Agreements 79. Void and Void able Agreements12. Liability 80. The Nature and Kinds of Liability 81. The Theory of Remedial Liability 82. The Theory of Penal Liability 83. Acts 84. Two Classes of Wrongful Acts 85. Damnum sine Injuria 86. The Place and Time of an Act 87. Causation 88. Mens Rea 89. Intention 90. Motives 91. Malice 92. Relevance and Irrelevance of Motives 93. Exceptions to the Irrelevance of Motives 94. Jus Necessitatis 95. Negligence 96. The Duty of Care 97. The Standard of Care 98. Degrees in Negligence 99. The Subjective and Objective Theories of Negligence 100.Theory of Strict Liability 101.The Extent of Strict Liability 102.Mistake of Law 103.Mistake of Fact 104.Accident 105.Vicarious Responsibility 106.The Measure of Criminal Liability 107.The Measure of Civil Liability13. The Law of Property 108.The Meanings of the Term Property 109.Kinds of Property 110.The Ownership of Material Things 111.Movable and Immovable Property 112.Real and Personal Property 113.Rights in. re propria in Immaterial Things 114.Leases 115.Servitudes 116.Securities 117.Modes of Acquisition: Possession 118.Prescription 119.Agreement 120.Inheritance14. The Law of Obligations 121.The Nature of Obligations 122.Solidary Obligations 123.The Sources of Obligations 124.Obligations arising from Contracts 125.Obligations arising from Torts 126.Obligations arising from Quasi-Contracts 127.In nominate Obligations15. The Law of Procedure 128.Substantive Law and the Law of Procedure 129.Evidence 130.The Valuation of Evidence 131.The Production of EvidenceIndex.............................................................................................................................Author DetailsP.J. Fitzgerald, M.A., of Lincoln's Inn, Barrister-at-Law, Professor of Law in the University of Leeds............................................................................................................................
