An Introduction to the Philosophy of Law

Author: Roscoe Pound

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584773278

Category: Law

Page: 307

View: 9212

Pound, Roscoe. An Introduction to the Philosophy of Law. New Haven: Yale University Press, 1922. 307 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002044351. ISBN 1-58477-327-8. Cloth. $70. * Pound's Introduction outlines the philosophical foundations that support Anglo-American common law. A written version of the Storrs Lectures delivered at Yale University during the academic year 1921-1922. "Dean Pound has given us a clear, concise introduction to the philosophy of the law. It is so concise that it is impossible to summarize it so as to give any idea of its wealth of learning....An excellent, impartial and concise presentation of the subject..." William Herbert Page, Harvard Law Review 36:115-117 cited in Marke, A Catalogue of the Law Collection at New York University (1953) 922.
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Philosophy of Law

An Introduction

Author: Mark Tebbit

Publisher: Routledge

ISBN: 131528099X

Category: Law

Page: 314

View: 3264

Philosophy of Law: An Introduction provides an ideal starting point for students of philosophy and law. Setting it clearly against the historical background, Mark Tebbit quickly leads readers into the heart of the philosophical questions that dominate philosophy of law today. He provides an exceptionally wide-ranging overview of the contending theories that have sought to resolve these problems. He does so without assuming prior knowledge either of philosophy or law on the part of the reader. The book is structured in three parts around the key issues and themes in philosophy of law: What is the law? – the major legal theories addressing the question of what we mean by law, including natural law, legal positivism and legal realism. The reach of the law – the various legal theories on the nature and extent of the law’s authority, with regard to obligation and civil disobedience, rights, liberty and privacy. Criminal law – responsibility and mens rea, intention, recklessness and murder, legal defences, insanity and philosophies of punishment. This new third edition has been thoroughly updated to include assessments of important developments in philosophy and law in the early years of the twenty-first century. Revisions include a more detailed analysis of natural law, new chapters on common law and the development of positivism, a reassessment of the Austin–Hart dispute in the light of recent criticism of Hart, a new chapter on the natural law–positivist controversy over Nazi law and legality, and new chapters on criminal law, extending the analysis of the dispute over the viability of the defences of necessity and duress.
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Rethinking Indian Jurisprudence

An Introduction to the Philosophy of Law

Author: Aakash Singh Rathore,Garima Goswamy

Publisher: Taylor & Francis

ISBN: 1351106635

Category: Law

Page: 218

View: 1661

What is law? What is the source of law? What is the law for? How does law differ from other norms or codes of conduct? What is the difference between law and morality? Who is obligated to follow the law and why? What is the difference between moral and legal obligation? This book addresses these foundational questions about the law in general, and seeks to reorient our thoughts to the specific nature of law in India, the India of today, and the possible India of the future. This volume: covers relevant foundational elements, concepts and questions of the discipline; brings the uniqueness of Indian Philosophy of Law to the fore; critically analyzes the major theories of jurisprudence; examines legal debates on secularism, rationality, religion, rights and caste politics; and presents useful cases and examples, including free speech, equality and reservation, queer law, rape and security, and the ethics of organ donation. Lucid and accessible, the book will be indispensable to students, teachers and scholars of law, philosophy, politics as well as philosophy of law, sociology of law, legal theory and jurisprudence.
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What Makes Law

An Introduction to the Philosophy of Law

Author: Liam Murphy

Publisher: Cambridge University Press

ISBN: 0521834279

Category: Law

Page: 222

View: 8457

This advanced introduction to central questions in legal philosophy attempts to breathe new life into stalled research.
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Grounds of liability

an introduction to the philosophy of law

Author: Alan R. White

Publisher: Oxford University Press

ISBN: 9780198761976

Category: Law

Page: 128

View: 899

This detailed expositiion of concepts centering on liability-in both a legal and an everyday sense-focuses on such notions as voluntary conduct, acts, intention, negligence, and recklessness. White argues that, contrary to the interpretation taken by many who follow the Austinian tradition, the legal and non-legal uses and understandings of these terms are the same.
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Philosophy of Law

A Very Short Introduction

Author: Raymond Wacks

Publisher: Oxford University Press

ISBN: 0199687005

Category: Law

Page: 150

View: 4789

The concept of law lies at the heart of our social and political life, shaping the character of our community and underlying issues from racism and abortion to human rights and international war. The revised edition of this Very Short Introduction examines the central questions about law's relation to justice, morality, and democracy.
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Normative Jurisprudence

An Introduction

Author: Robin West

Publisher: Cambridge University Press

ISBN: 1139504126

Category: Political Science

Page: N.A

View: 1488

Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship.
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An Introduction to the Philosophy of Science

Author: Rudolf Carnap

Publisher: Courier Corporation

ISBN: 0486140865

Category: Science

Page: 336

View: 6764

Stimulating, thought-provoking text by one of the 20th century's most creative philosophers makes accessible such topics as probability, measurement and quantitative language, causality and determinism, theoretical laws and concepts, more.
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The Concept of a Legal System

An Introduction to the Theory of Legal System

Author: Joseph Raz

Publisher: Oxford University Press

ISBN: 019825363X

Category: Law

Page: 245

View: 7527

6. On Independent Norms
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Theory and Reality

An Introduction to the Philosophy of Science

Author: Peter Godfrey-Smith

Publisher: University of Chicago Press

ISBN: 9780226300610

Category: Science

Page: 288

View: 4375

How does science work? Does it tell us what the world is "really" like? What makes it different from other ways of understanding the universe? In Theory and Reality, Peter Godfrey-Smith addresses these questions by taking the reader on a grand tour of one hundred years of debate about science. The result is a completely accessible introduction to the main themes of the philosophy of science. Intended for undergraduates and general readers with no prior background in philosophy, Theory and Reality covers logical positivism; the problems of induction and confirmation; Karl Popper's theory of science; Thomas Kuhn and "scientific revolutions"; the views of Imre Lakatos, Larry Laudan, and Paul Feyerabend; and challenges to the field from sociology of science, feminism, and science studies. The book then looks in more detail at some specific problems and theories, including scientific realism, the theory-ladeness of observation, scientific explanation, and Bayesianism. Finally, Godfrey-Smith defends a form of philosophical naturalism as the best way to solve the main problems in the field. Throughout the text he points out connections between philosophical debates and wider discussions about science in recent decades, such as the infamous "science wars." Examples and asides engage the beginning student; a glossary of terms explains key concepts; and suggestions for further reading are included at the end of each chapter. However, this is a textbook that doesn't feel like a textbook because it captures the historical drama of changes in how science has been conceived over the last one hundred years. Like no other text in this field, Theory and Reality combines a survey of recent history of the philosophy of science with current key debates in language that any beginning scholar or critical reader can follow.
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Philosophy of the Arts

An Introduction to Aesthetics

Author: Gordon Graham

Publisher: Routledge

ISBN: 1134563671

Category: Philosophy

Page: 240

View: 1409

A new edition of this bestselling introduction to aesthetics and the philosophy of art. Includes new sections on digital music and environmental aesthetics. All other chapters have been thoroughly revised and updated.
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Understanding Jurisprudence

An Introduction to Legal Theory

Author: Raymond Wacks

Publisher: Oxford University Press

ISBN: 0198806019

Category: Jurisprudence

Page: 407

View: 1621

Written with students in mind, Professor Raymond Wacks brings legal theory to life through his lucid and entertaining style. The author has crafted a manageable guide, balancing concise introductions to the key theorists and core issues such as punishment and rights without ignoring thesubtleties of the subject. Seminal quotes from leading scholars are included to help students recognise the impact of their work, while extensive further reading suggestions at the end of each chapter invite students to explore the broad range of literature available on central topics. Each chapter concludes with a series ofcritical questions designed to encourage reader to think analytically about the law and the key debates which surround it. This book is accompanied by online resources which includes multiple-choice questions with instant feedback to give students the chance to test their understanding.
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The Disordered Mind

An Introduction to Philosophy of Mind and Mental Illness

Author: George Graham

Publisher: Routledge

ISBN: 1135160139

Category: Philosophy

Page: 304

View: 5862

"George Graham is contemporary philosophy’s most gifted and humane writer. The Disordered Mind is a wise, deep, and thorough inquiry into the nature of the human mind and the various ‘creaks, cracks, and crevices’ into which it is prone sometimes to wander." Owen Flanagan, Duke University, USA "The book is a success, it is consistently insightful and humane, and conveys a clear understanding not only of relevant philosophical topics, but also of a much more difficult issue, the relevance of those topics to understanding mental illness." Philip Gerrans, University of Adelaide, Australia "The Disordered Mind is a must read for anyone who is a psychiatrist, psychologist, philosopher, neurologist, or mental health worker. Indeed, it is a must read for any thoughtful person who simply desires to understand more deeply and more realistically the workings of their own mind as well as the workings of the human mind in general." Richard Garrett, Bentley University, USA Mental disorder raises profound questions about the nature of the mind. The Disordered Mind: An Introduction to Philosophy of Mind and Mental Illness is the first book to systematically examine and explain, from a philosophical standpoint, what mental disorder is: its reality, causes, consequences, and more. It is also an outstanding introduction to philosophy of mind from the perspective of mental disorder. Each chapter explores a central question or problem about mental disorder, including: What is mental disorder and can it be distinguished from neurological disorder? What roles should reference to psychological, cultural, and social factors play in the medical/scientific understanding of mental disorder? What makes mental disorders undesirable? Are they diseases? Mental disorder and the mind–body problem Is mental disorder a breakdown of rationality? What is a rational mind? Addiction, responsibility and compulsion Ethical dilemmas posed by mental disorder, including questions of dignity and self-respect. Each topic is clearly explained and placed in both a clinical and philosophical context. Mental disorders discussed include clinical depression, dissociative identity disorder, anxiety, religious delusions, and paranoia. Several non-mental neurological disorders that possess psychological symptoms are also examined, including Alzheimer’s disease, Down’s syndrome, and Tourette’s syndrome. Additional features, such as chapter summaries and annotated further reading, provide helpful tools for those coming to the subject for the first time. Throughout, George Graham draws expertly on issues that cut across philosophy, science, and psychiatry. As such, The Disordered Mind is a superb introduction to the philosophy of mental disorder for students of philosophy, psychology, psychiatry, and related mental health professions. PHILOSOPHY/PSYCHOLOGY
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Arguing about Law

An Introduction to Legal Philosophy

Author: Andrew Altman

Publisher: Wadsworth Publishing Company

ISBN: 9780534543525

Category: Law

Page: 319

View: 630

Using the rule of law as its main theme, this text shows how abstract questions and concepts of legal philosophy are connected to concrete legal, political, and social issues. The text addresses several modern controversies and challenges students to consider both sides of an argument, using sound, reasoned thinking.
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Philosophy of Law

Author: Joel Feinberg,Jules L. Coleman,Christopher Kutz

Publisher: Wadsworth Publishing Company

ISBN: 9781133942962

Category: Education

Page: 1039

View: 1847

This leading anthology contains essays and cases written by some of the most influential figures in legal philosophy, representing the major theoretical positions in the field. Its primary focus is to relate traditional themes of legal philosophy to the concerns of modern society in a way that invigorates the former and illuminates the latter. This classic text is distinguished by its clarity and accessibility, balance of topics, balance of positions on controversial questions, topical relevance, imaginative use of cases and stories, and the inclusion of only lightly edited or untouched legal classics. This revision is distinguished by its inclusion of new material on law and economics, international law, distributive justice, religion and freedom of expression, feminist legal theory, and critical race theory, as well as a greater emphasis on concrete legal problems.
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An Introduction to the Philosophy of Methodology

Author: Kerry E Howell

Publisher: SAGE

ISBN: 1446271625

Category: Philosophy

Page: 248

View: 2236

This book provides students with a concise introduction to the philosophy of methodology. The book stands apart from existing methodology texts by clarifying in a student-friendly and engaging way distinctions between philosophical positions, paradigms of inquiry, methodology and methods. Building an understanding of the relationships and distinctions between philosophical positions and paradigms is an essential part of the research process and integral to deploying the methodology and methods best suited for a research project, thesis or dissertation. Aided throughout by definition boxes, examples and exercises for students, the book covers topics such as: - Positivism and Post-positivism - Phenomenology - Critical Theory - Constructivism and Participatory Paradigms - Post-Modernism and Post-Structuralism - Ethnography - Grounded Theory - Hermeneutics - Foucault and Discourse This text is aimed at final-year undergraduates and post-graduate research students. For more experienced researchers developing mixed methodological approaches, it can provide a greater understanding of underlying issues relating to unfamiliar techniques.
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Philosophy of Law

Introducing Jurisprudence

Author: Jeffrey Brand

Publisher: A&C Black

ISBN: 1623568897

Category: Philosophy

Page: 304

View: 6350

Organized around specific questions, theses and arguments, Philosophy of Law: Introducing Jurisprudence helps students get to grips with the fascinating yet often complex realm of legal philosophy. This comprehensive introduction explores fundamental questions about legal systems, legal reasoning, and legal concepts, covering a wide range of topics in jurisprudence including: • Liability • Punishment • Causation • Discretion • Precedent • Constitutional disobedience • The rule of law Packed with boxed case studies, chapter discussion questions, guides to further reading, a glossary of key terms and online resources for lecturers and students, Jeffrey Brand guides the reader through ideas in an accessible way. Philosophy of Law is ideal for use as a core textbook or as a companion to a set of primary sources.
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The Ages of American Law

Second Edition

Author: Grant Gilmore

Publisher: Yale University Press

ISBN: 030021104X

Category: Law

Page: 248

View: 9542

Following its publication in 1974, Grant Gilmore's compact portrait of the development of American law from the eighteenth century to the mid-twentieth century became a classic. In this new edition, the portrait is brought up to date with a new chapter by Philip Bobbitt that surveys the trajectory of American law since the original publication. Bobbitt also provides a Foreword on Gilmore and the celebrated lectures that inspired The Ages of American Law. "Sharp, opinionated, and as pungent as cheddar."—New Republic "This book has the engaging qualities of good table talk among a group of sophisticated and educated friends—given body by broad learning and a keen imagination and spiced with wit."—Willard Hurst
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The Routledge Companion to Philosophy of Law

Author: Andrei Marmor

Publisher: Routledge

ISBN: 0415878187

Category: Law

Page: 630

View: 9132

The Routledge Companion to the Philosophy of Law provides a comprehensive, non-technical philosophical treatment of the fundamental questions about the nature of law. Its coverage includes law's relation to morality and the moral obligations to obey the law, the main philosophical debates about particular legal areas such as criminal responsibility, property, contracts, family law, law and justice in the international domain, legal paternalism and the rule of law. The entirely new content has been written specifically for newcomers to the field, making the volume particularly useful for undergraduate and graduate courses in philosophy of law and related areas. All 39 chapters, written by the world's leading researchers and edited by an internationally distinguished scholar, bring a focused, philosophical perspective to their subjects. The Routledge Companion to the Philosophy of Law promises to be a valuable and much consulted student resource for many years.
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