An Introduction to the Philosophy of Law

Author: Roscoe Pound

Publisher: Yale University Press

ISBN: 9780300001884

Category: Law

Page: 201

View: 9686

Among books of similar scope, this is the recognized American classic. Those who read this book will have the strange privilege of thinking things together in the law from the beginning of written history to the moment Pound sent his writings to the printer. Through this writing of Pound's they can see what it is to deal with the whole objective world in the law as a freeman should, knowing how things have happened fortunately or unfortunately, logically or through some kind of hardly explicable human conduct.
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Philosophy Of Law

An Introduction To Jurisprudence

Author: Jeffrie G. Murphy,Jules Coleman

Publisher: Hachette UK

ISBN: 0813346134

Category: Philosophy

Page: 256

View: 4013

In this revised edition, two distinguished philosophers have extended and strengthened the most authoritative text available on the philosophy of law and jurisprudence. While retaining their comprehensive coverage of classical and modern theory, Murphy and Coleman have added new discussions of the Critical Legal Studies movement and feminist jurisprudence, and they have strengthened their treatment of natural law theory, criminalization, and the law of torts. The chapter on law and economics remains the best short introduction to that difficult, controversial, and influential topic.Students will appreciate the careful organization and clear presentation of complicated issues as well as the emphasis on the relevance of both law and legal theory to contemporary society.
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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: 6291

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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Anglo-American Philosophy of Law

An Introduction to Its Development and Outcome

Author: Beryl Harold Levy

Publisher: Transaction Publishers

ISBN: 9781412817264

Category: Law

Page: 142

View: 339

An account of successive legal theories in England and America against a background of the varieties of natural law in the ancient, medieval and modern worlds. The outcome in Legal Realism provides insight into contemporary issues in law and the judicial process and their relation to moral philosophy. As Levy shows, legal theory has always been inspired by forces outside the law in philosophy and politics. In England the philosophy of Utilitarianism as expounded by Bentham and Austin brought legal positivism into prominence as an alternative to natural law. In the United States the philosophy of pragmatism spearheaded by James and Dewey and shared by Justice Holmes gave the functional turn resulting in the movement of Legal Realism. After sketching the background of varieties of natural law in the ancient, medieval, and modern worlds, Levy presents leading figures and trends in England and the United States. The book is written so as to be intelligible to lawyers, philosophers, and students of cultural history and social science.
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The Blackwell Guide to the Philosophy of Law and Legal Theory

Author: Martin P. Golding,William A. Edmundson

Publisher: John Wiley & Sons

ISBN: 0470779861

Category: Philosophy

Page: 368

View: 6805

The Blackwell Guide to the Philosophy of Law and Legal Theory is a handy guide to the state of play in contemporary philosophy of law and legal theory. Comprises 23 essays critical essays on the central themes and issues of the philosophy of law today, written by an international assembly of distinguished philosophers and legal theorists Each essay incorporates essential background material on the history and logic of the topic, as well as advancing the arguments Represents a wide variety of perspectives on current legal theory
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What Makes Law

An Introduction to the Philosophy of Law

Author: Liam Murphy

Publisher: Cambridge University Press

ISBN: 1139991612

Category: Law

Page: N.A

View: 1731

This book offers an advanced introduction to central questions in legal philosophy. What factors determine the content of the law in force? What makes a normative system a legal system? How does law beyond the state differ from domestic law? What kind of moral force does law have? The most important existing views are introduced, but the aim is not to survey the existing literature. Rather, this book introduces the subject by stepping back from the fray to sketch the big picture, to show just what is at stake in these old debates. Legal philosophy has become somewhat arid and inward looking. In part this is because the disagreement between the main camps on the important questions is apparently intractable. The main aim of the book is to suggest both a diagnosis and a proper practical response to this situation of intractable disagreement about questions that do matter.
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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: 8528

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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Natural Law

An Introduction to Legal Philosophy

Author: Alexander Passerin d'Entreves

Publisher: Routledge

ISBN: 1351503499

Category: Law

Page: 232

View: 8666

This is the classic study of the history and continuing philosophical values of the law of nature. D'Entreves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 Senate confirmation hearings show that the law of nature still holds powerful appeal in defining judicial rules.In the new introduction, Cary J. Nederman points out both the contemporary value and the historical significance of Natural Law. He also provides the biographical as well as intellectual context for d'Entreves immense accomplishments. This volume is essential reading for students of legal history, political theory, and philosophy. It will also be of interest to historians.Few texts provide as concise or as cogent an introduction to natural theory as Alexander Passerin d'Entreves' Natural Law: An Introduction to Legal Philosophy.... Transaction Publishers has performed a genuine service by bringing out a new edition of Natural Law. D'Entreves' analysis is clear and penetrating, and will guide the student of natural law to further, fruitful study.—Mitchell Muncy, The University Bookman
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Philosophy of Law

An Introduction

Author: Mark Tebbit

Publisher: Routledge

ISBN: 131528099X

Category: Law

Page: 314

View: 7863

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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Philosophy of Law

A Very Short Introduction

Author: Raymond Wacks

Publisher: Oxford University Press

ISBN: 0199687005

Category: Law

Page: 150

View: 6683

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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Worldviews

An Introduction to the History and Philosophy of Science

Author: Richard DeWitt

Publisher: John Wiley & Sons

ISBN: 144439276X

Category: Science

Page: 392

View: 2874

Updated throughout and with three entirely new chapters, Worldviews: An Introduction to the History and Philosophy of Science, Second Edition furthers its reputation as the definitive introductory text on the historical developments and philosophical issues that inform our scientific view of the world around us. Represents an innovative introduction to the history and philosophy of science, designed especially for those coming to the subject for the first time Updated new edition features the addition of chapters focusing on scientific laws, evolutionary theory, and implications of evolution Covers the key historical developments and philosophical themes that have impacted our scientific view of the world around us Analyzes the transitions from the Aristotelian worldview to the Newtonian worldview to a new and currently developing worldview Explores challenges to the Western scientific worldview brought on by recent discoveries
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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: 9538

6. On Independent Norms
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Understanding Jurisprudence

An Introduction to Legal Theory

Author: Raymond Wacks

Publisher: Oxford University Press

ISBN: 0199608261

Category: Law

Page: 335

View: 666

Perfect for the student new to jurisprudence, this book provides an illuminating introduction to the central questions of legal theory. An experienced teacher of jurisprudence, Professor Wacks' approach is both accessible and entertaining, providing the ideal base for further study.
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The Nature and Process of Law

An Introduction to Legal Philosophy

Author: Ali Smith,Patricia Smith

Publisher: Oxford University Press, USA

ISBN: 9780195076974

Category: Language Arts & Disciplines

Page: 856

View: 8426

Unlike other works in philosophy of law, which focus on the nature of law in the abstract, this comprehensive anthology presents law as a "process," part and parcel of a system of government and defined constitutional procedures. Using the U.S. legal system as a model, it establishes the basis of law in political theory, then presents substantive issues in private and public law, illustrated throughout with important political documents and court cases and stimulating readings in history, law, and philosophy. The editor's detailed critical commentary, notes, and study questions make these materials accessible and useful for a wide range of readers seeking a deeper understanding of private and public law and the nature of the political process.
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Philosophy of Law

An Introduction to Philosophical Jurisprudence

Author: Joseph I. Omoregbe

Publisher: N.A

ISBN: N.A

Category: Law

Page: 191

View: 3234

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An Introduction to the Philosophy of Science

Author: Rudolf Carnap

Publisher: Courier Corporation

ISBN: 0486140865

Category: Science

Page: 336

View: 6277

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 Collected Works of Jeremy Bentham: An Introduction to the Principles of Morals and Legislation

Author: Jeremy Bentham

Publisher: Clarendon Press

ISBN: 9780191589751

Category: History

Page: 456

View: 2461

The new critical edition of the works and correspondence of Jeremy Bentham (1748-1832) is being prepared and published under the supervision of the Bentham Committee of University College London. In spite of his importance as jurist, philosopher, and social scientist, and leader of the Utilitarian reformers, the only previous edition of his works was a poorly edited and incomplete one brought out within a decade or so of his death. Eight volumes of the new Collected Works, five of correspondence, and three of writings on jurisprudence, appeared between 1968 and 1981, published by the Athlone Press. Further volumes in the series since then are published by Oxford University Press. The overall plan and principles of the edition are set out in the General Preface to The Correspondence of Jeremy Bentham, vol. 1, which was the first volume of the Collected Works to be published. An Introduction to the Principles of Morals and Legislation, Jeremy Bentham's best-known work, is a classic text in modern philosophy and jurisprudence. First published in 1789, it contains the important statement of the foundations of utilitarian philosophy and a pioneering study of crime and punishment, both of which remain at the heart of contemporary debates in moral and political philosophy, economics, and legal theory. Printed here in full is the definitive edition, edited by the distinguished scholars J. H. Burns and H. L. A. Hart. An introductory essay by Hart, first published in 1982 and a widely acknowledged classic in its own right, is reprinted here. It contains an important analysis of Bentham's principle of utility, theory of action, and an account of the relationship between law and morality. A new introduction by the leading Bentham scholar F. Rosen, specially written for this Clarendon Paperback edition, provides students with a helpful survey of Bentham's main ideas and an extensive bibliographical study of recent critical work on Bentham. Professor Rosen's essay also contains a new analysis of the principle of utility in Bentham's philosophy which is compared with its use in Hume and J. S. Mill.
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