Theory in the Law Curriculum (with Neil MacCormick)<sup>*</sup>

William Twining

in Law in Context

Published in print March 1997 | ISBN: 9780198264835
Published online March 2012 | e-ISBN: 9780191682810 | DOI:
Theory in the Law Curriculum (with Neil MacCormick)*

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This chapter discusses the proceedings of a discussion in the School of Law in Xanadu as to whether jurisprudence should remain compulsory in their curriculum. Theorizing involves trying to get a better understanding of particulars by seeing them in a more abstract and general way. Some of the most general and abstract questions that can be pursued in theorizing are included in the six questions that Neil MacCormick suggests in this chapter. Theoretical investigation should try to dig out and expose underlying presuppositions and assumptions. All expository or explanatory or justificatory discourse has theoretical assumptions which are usually implicit. This chapter proposes three general types of justification that are advanced for compulsory courses on legal theory or jurisprudence. This chapter argues which theory has to be included in the curriculum of legal education, when to start studying for such theory, and how to teach jurisprudence.

Keywords: jurisprudence; law curriculum; theorizing; Neil MacCormick; theoretical investigation; compulsory courses

Chapter.  9390 words. 

Subjects: Jurisprudence and Philosophy of Law

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