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SOCIAL ORDER AND THE LIMITS OF LAW: A THEORETICAL ESSAY By Iredell Jenkins. Princeton University Press, 1980

SOCIAL ORDER AND THE LIMITS OF LAW: A THEORETICAL ESSAY By Iredell Jenkins. Princeton University... BOOKS REVIEWED SOCIAL ORDER AND THE LIMITS OF LAW: A THEORETICAL ESSAY By Iredell Jenkins. Princeton University Press, 1980 No, I venture to say that in the entire contemporary literature in the philosophy of law there just isn't any book that is quite comparable in achievement to this remarkable performance by Professor Iredell Jenkins! For consider: is it not simply a fact, and without my being in any way in- vidious in saying so, that most of the recent major works in the philosophy of law have been nothing if not somewhat circumscribed? Even Professor Hart, as something of a legal positivist, but still one who has manifestly emerged from the positivist cocoon—of him may it not be said that he has been largely content with making his fundamental distinction between pri- mary rules and secondary rules, and yet without perhaps concerning himself overmuch with what natural or societal or philosophical warrant and justifica- tion there might be for such rules? Likewise, Professor Fuller could write a book entitled The Morality of Law, and yet not speak either too directly or too meaningfully to the very people who go by the name of moral philosophers. Still more recently, Ronald http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Jurisprudence Oxford University Press

SOCIAL ORDER AND THE LIMITS OF LAW: A THEORETICAL ESSAY By Iredell Jenkins. Princeton University Press, 1980

Veatch, Henry B.
American Journal of Jurisprudence , Volume 25 (1) – Jan 1, 1980
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Publisher
Oxford University Press
Copyright
© 1980 by The University of Notre Dame
ISSN
0065-8995
eISSN
2049-6494
DOI
10.1093/ajj/25.1.173
Publisher site
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Abstract

BOOKS REVIEWED SOCIAL ORDER AND THE LIMITS OF LAW: A THEORETICAL ESSAY By Iredell Jenkins. Princeton University Press, 1980 No, I venture to say that in the entire contemporary literature in the philosophy of law there just isn't any book that is quite comparable in achievement to this remarkable performance by Professor Iredell Jenkins! For consider: is it not simply a fact, and without my being in any way in- vidious in saying so, that most of the recent major works in the philosophy of law have been nothing if not somewhat circumscribed? Even Professor Hart, as something of a legal positivist, but still one who has manifestly emerged from the positivist cocoon—of him may it not be said that he has been largely content with making his fundamental distinction between pri- mary rules and secondary rules, and yet without perhaps concerning himself overmuch with what natural or societal or philosophical warrant and justifica- tion there might be for such rules? Likewise, Professor Fuller could write a book entitled The Morality of Law, and yet not speak either too directly or too meaningfully to the very people who go by the name of moral philosophers. Still more recently, Ronald

Journal

American Journal of Jurisprudence – Oxford University Press

Published: Jan 1, 1980

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