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: 415

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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Philosophy of Law

Classic and Contemporary Readings

Author: Larry May,Jeff Brown

Publisher: John Wiley & Sons

ISBN: 1405183888

Category: Law

Page: 625

View: 7564

Philosophy of Law provides a rich overview of the diverse theoretical justifications for our legal rules, systems, and practices. Utilizes the work of both classical and contemporary philosophers to illuminate the relationship between law and morality Introduces students to the philosophical underpinnings of International Law and its increasing importance as we face globalization Features concrete examples in the form of cases significant to the evolution of law Contrasts Anglo-American law with foreign institutions and practices such as those in China, Japan, India, Ireland and Canada Incorporates diverse perspectives on the philosophy of law ranging from canonical material to feminist theory, critical theory, postmodernism, and critical race theory
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An Introduction to the Philosophy of Law

Author: Roscoe Pound

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584773278

Category: Law

Page: 307

View: 3703

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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Legal Philosophy

Multiple Perspectives

Author: Larry May,Nancy E. Snow,Angela Bolte

Publisher: McGraw-Hill Humanities Social

ISBN: 9780767410090

Category: Law

Page: 808

View: 2017

This anthology introduces students to the major areas of Anglo-American law and to the philosophical attempts to grapple with the theoretical underpinnings of each of these areas from a wide variety of perspectives. In addition, it emphasizes the relatively new voices in the debates: feminists, critical theorists, postmodernists, critical race theorists, and Native Americans.
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Act and Crime

The Philosophy of Action and Its Implications for Criminal Law

Author: Michael S. Moore

Publisher: Oxford University Press on Demand

ISBN: 0199599505

Category: Law

Page: 413

View: 4630

What implications are there for the criminal law from the philosophy of action? Providing a unified account of the theory of action presupposed by both Anglo-American criminal law and the morality that underlies it, Moore develops a coherent theory of action in philosophy and assesses its effects on criminal law.
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Hard Cases in Wicked Legal Systems

Pathologies of Legality

Author: David Dyzenhaus

Publisher: Oxford University Press

ISBN: 0199532214

Category: Law

Page: 311

View: 5992

This influential book makes sense of abstract debates about the nature of law and the rule of law by situating them in the real-world context of apartheid-era South Africa. The new edition examines the transformation in South Africa since the end of apartheid, and the shift in debates surrounding the rule of law post 9/11.
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Methods of Legal Reasoning

Author: Jerzy Stelmach,Bartosz Brozek

Publisher: Springer Science & Business Media

ISBN: 1402049390

Category: Law

Page: 233

View: 1687

Methods of Legal Reasoning describes and criticizes four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. The book takes the unusual approach of discussing in a single study four different, sometimes competing concepts of legal method. Sketched this way, the panorama allows the reader to reflect deeply on questions concerning the methodological conditioning of legal science and the existence of a unique, specific legal method.
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Lectures on Jurisprudence Or the Philosophy of Positive Law

Author: John Austin,Robert Campbell

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584774290

Category: Law

Page: 1132

View: 813

Austin, John. Lectures on Jurisprudence or the Philosophy of Positive Law. Fifth Edition, Revised and Edited by Robert Campbell. London: John Murray, 1885. Two volumes. Reprint available September 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-429-0. Cloth. $250. * Reprint of the fifth edition of Austin's magnum opus. Austin [1790-1859] was the founder of English analytical jurisprudence and the first to subject the law to inductive analysis. First published in 1861, this work is a landmark in the development of modern legal thought. Its most important contributions were the strict delimitation of law and its distinction from morality, elaboration of the idea of law as a kind of command and the close examination of such common legal terms as right, duty, liberty, injury and punishment. The editions edited by Campbell had a profound influence on Anglo-American jurisprudential thinking. This is especially true of this edition, which is widely regarded as the best.
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Philosophy of Law: A Very Short Introduction

Author: Raymond Wacks

Publisher: OUP Oxford

ISBN: 0191510645

Category: Law

Page: 152

View: 8354

The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
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Hart's Legal Philosophy

An Examination

Author: M.E. Bayles

Publisher: Springer Science & Business Media

ISBN: 9401580863

Category: Philosophy

Page: 318

View: 4638

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. Not only does it help make some of the best work available to an international audience, but it also encourages increased aware ness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowned scholars. Legal philosophy should not be considered a narrowly circumscribed field. Insights into law and legal institutions can come from diverse disciplines on a wide range of topics. Among the relevant disciplines or perspectives contributing to legal philosophy, besides law and philosophy, are anthropol ogy, economics, political science, and sociology. Among the topics included in legal philosophy are theories of law; the concepts of law and legal institu tions; legal reasoning and adjudication; epistemological issues of evidence and procedure; law and justice, economics, politics, or morality; legal ethics; and theories of legal fields such as criminal law, contracts, and property.
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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: 8971

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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Ethics vol IV

Author: Henry Epps

Publisher: Lulu.com

ISBN: 1300110996

Category:

Page: N.A

View: 4737

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The Politics of Jurisprudence

A Critical Introduction to Legal Philosophy

Author: Roger B. M. Cotterrell

Publisher: University of Pennsylvania Press

ISBN: 9780812213935

Category: Law

Page: 277

View: 4341

Selected by Choice magazine as an Outstanding Academic Title In The Politics of Jurisprudence, Roger Cotterrell offers a concise introduction to and commentary on Anglo-American jurisprudence, and a contribution to the study of the development of American and English general conceptions of law since the establishment of modern legal professions in the U.S. and Britain.
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A Study of the Philosophy of International Law as Seen in Works of Latin American Writers

Author: H.B. Jacobini

Publisher: Springer Science & Business Media

ISBN: 9401187983

Category: Law

Page: 158

View: 3075

One of the most unfortunate facts about the relationship of the United States with Latin America is that only in recent years has there been any appreciable amount of intellectual interchange with reference to law. This, of course, is an example of the relative lack of cultural exchange between these peoples. Only in very recent years has the North American interest in Latin America been in any sense general and active. While there are a few recent volumes which discuss various aspects of Latin American law in a fashion calculated to interest the North American lawyer and academician, the Latin American contributions to and attitudes toward international law are virtually unknown in the United States except in very restricted quarters. For this reason it was thought that a survey such as the one presented here would contribute not only to a better under standing of Latin American juristic thought as pertaining to international law, but also to a better comprehension of legal theory in general, and of Latin American culture as a whole. The phase of the philosophy of international law which, with reference to the regional application here studied, has been the major interest in this work, i.e., whether writers rely more on naturalism or positivism as the philosophical foundation of the law of nations, is, like the matter of Latin American law itself, a subject which has been neglected by North American scholars.
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Eduard Gans and the Hegelian Philosophy of Law

Author: M.H. Hoffheimer

Publisher: Springer Science & Business Media

ISBN: 9401585237

Category: Philosophy

Page: 142

View: 9960

Gans ranks at the head of that important group of Hegelian thinkers that bridged the generations of Hegel and Marx. ! Yet there is a large gap between Gans 's historical importance and the scholarship on him. Despite a renewal of interest in Gans's work on the Continent,2 Gans remains almost completely unknown to English-Ianguage scholars, and almost none ofhis work has been 3 previously translated. His Prefaces to his posthumous editions of Hegel's writings are inaccessib1e to English speakers, despite the fact that they shed important light on the authenticity of the so-called Additions to those texts. His Preface to Hegel's Philosophy ofLaw has never been translated before, while his Preface to the Philosophy of History has been omitted from reprintings 4 for generations. Moreover, the recent scholarship on the Continent has focused on Gans 's political and philosophical rather than his legal writings. There is little dis cussion in any language ofhis system oflaw, which is the focus ofthe present study. Some of the reasons for the neglect of Gans are obvious. Gans cannot be a hero for most readers today. He accepted apostasy as a means to profes sional advancement. And though more liberal than Hegel, Gans nonetheless accommodated himself to the results of the Restoration and evaded political persecution that might have kindled the sympathy of later generations.
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Tragic Thoughts at the End of Philosophy

Language, Literature, and Ethical Theory

Author: Gerald L. Bruns

Publisher: Northwestern University Press

ISBN: 9780810116757

Category: Literary Criticism & Collections

Page: 299

View: 755

In this text Bruns investigates the recent phenomenon of philosophers taking an interest in literature and literary theory.
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A Companion to Rawls

Author: Jon Mandle,David A. Reidy

Publisher: John Wiley & Sons

ISBN: 1118328418

Category: Philosophy

Page: 600

View: 7570

Wide ranging and up to date, this is the single mostcomprehensive treatment of the most influential politicalphilosopher of the 20th century, John Rawls. An unprecedented survey that reflects the surge of Rawlsscholarship since his death, and the lively debates that haveemerged from his work Features an outstanding list of contributors, including senioras well as “next generation” Rawls scholars Provides careful, textually informed exegesis andwell-developed critical commentary across all areas of his work,including non-Rawlsian perspectives Includes discussion of new material, covering Rawls’swork from the newly published undergraduate thesis to the finalwritings on public reason and the law of peoples Covers Rawls’s moral and political philosophy, hisdistinctive methodological commitments, and his relationships tothe history of moral and political philosophy and to jurisprudenceand the social sciences Includes discussion of his monumental 1971 book, A Theory ofJustice, which is often credited as having revitalizedpolitical philosophy
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Moral Theory and Legal Reasoning

Author: Scott Brewer

Publisher: Taylor & Francis

ISBN: 9780815326571

Category: Law

Page: 394

View: 5105

First published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.
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Gerechtigkeit für Igel

Author: Ronald Dworkin

Publisher: Suhrkamp Verlag

ISBN: 3518780204

Category: Philosophy

Page: 813

View: 7927

»Der Fuchs weiß viele Dinge, aber der Igel weiß eine große Sache.« Der griechische Dichter Archilochos hat diesen Satz formuliert, Isaiah Berlin hat ihn mit seinem Tolstoi-Essay berühmt gemacht. Aber was ist diese »eine große Sache«? Ronald Dworkin liefert eine Antwort: Es sind Werte in all ihren Erscheinungsformen. Wenn wir verstehen wollen, was Wahrheit und Schönheit sind, was dem Leben Sinn verleiht, was die Moral fordert und die Gerechtigkeit verlangt, so müssen wir der Spur jener moralischen Einstellungen nachgehen, die menschliches Denken, Fühlen und Handeln durchdringen und zu einer Einheit formen. »Gerechtigkeit für Igel« ist eines jener Bücher, wie es sie in Zeiten der Füchse – der Spezialisten und Skeptiker – immer seltener gibt: eines, das aus einem einzigen Prinzip eine ganze Welt erklären und zugleich Orientierung geben möchte.
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Philosophical Foundations of Tort Law

Author: David G. Owen

Publisher: Oxford University Press on Demand

ISBN: 019825847X

Category: Law

Page: 510

View: 4541

This exceptional collection of twenty-two essays on the philosophical fundamentals of tort law assembles many of the world's leading commentators on this particularly fascinating conjunction of law and philosophy. The contributions range broadly, from inquiries into how tort law derives from Aristotle, Aquinas, and Kant to the latest economic and rights-based theories of legal reponsibility. This is truly a multi-national production, with contributions from several distinguished Oxford scholars of law and philosophy and many prominent scholars from the United States, Canada, and Israel. A provocative closing essay by one of the world's leading moral philosophers illuminates how tort law enables philosophers to observe the abstract theories of their discipline put to the concrete test in the legal resolution of real-world controversies based on principles of right and wrong.
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