A Very Short Introduction
Author: Raymond Wacks
Publisher: Oxford University Press
View: 5844The 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.
Author: Andrei Marmor
Publisher: Princeton University Press
View: 2836In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Marmor argues that the myriad questions raised by the factual and normative features of law actually depend on the possibility of reduction—whether the legal domain can be explained in terms of something else, more foundational in nature. In addition to exploring the major issues in contemporary legal thought, Philosophy of Law provides a critical analysis of the people and ideas that have dominated the field in past centuries. It will be essential reading for anyone curious about the nature of law.
Author: Dennis Patterson
Publisher: John Wiley & Sons
View: 9559The articles in this new edition of A Companion to Philosophy ofLaw and Legal Theory have been updated throughout, and theaddition of ten new articles ensures that the volume continues tooffer the most up-to-date coverage of current thinking inlegal philosophy. Represents the definitive handbook of philosophy of law andcontemporary legal theory, invaluable to anyone with an interest inlegal philosophy Now features ten entirely new articles, covering the areas ofrisk, regulatory theory, methodology, overcriminalization,intention, coercion, unjust enrichment, the rule of law, law andsociety, and Kantian legal philosophy Essays are written by an international team of leadingscholars
Author: Raymond Wacks
Publisher: OUP Oxford
View: 5581The 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.
Author: Roscoe Pound
Publisher: Yale University Press
View: 1659Among 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.
An Introduction To Jurisprudence
Author: Jeffrie G. Murphy,Jules Coleman
Publisher: Hachette UK
View: 2302In 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.
Classic and Contemporary Readings
Author: Larry May,Jeff Brown
Publisher: John Wiley & Sons
View: 8724Philosophy 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
Author: John Arthur,William H. Shaw
Publisher: Pearson College Div
View: 8716This anthology of classical, contemporary, philosophical and legal essays/cases focuses on legal philosophy as its own subject-rather than being a part of social/political philosophy or applied ethics. The essays within this reader focus on how law is organized and the particular philosophical issues that it raises. The book requires students to think through actual debatesmany of them still currently in the courts.
Author: John Finnis
Publisher: Oxford University Press
Category: Language Arts & Disciplines
View: 5169John Finnis has been a central figure in the development of legal philosophy over the past half-century. This volume of his Collected Essays shows the full range and power of his contributions to core problems in the philosophy of law: the foundations of law's authority; legal reasoning; constitutional theory; and the logic of law-making.
An Introduction to Its Development and Outcome
Author: Beryl Harold Levy
Publisher: Transaction Publishers
View: 4193An 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.
Author: Andrei Marmor
View: 4220The 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.
My Philosophy of Law
Author: Luc Wintgens
Publisher: Springer Science & Business Media
View: 2896In this age of collections that is ours, many volumes of collections are published. They contain contributions of several well-known authors, and their aim is to present a selective overview of a relevant field of study. This book has the same purpose. Its aim is to introduce students, scholars and all those interested in current problems of legal theory and legal philosophy to the work of the leading scholars in this field. The large number of publications, both books and articles, that have been produced over recent decades makes it quite difficult, however, for those who are making their first steps in this domain to find firm guidelines. The book is new in its genre because of its method. The choice was made not to reprint an example of contributors' earlier basic articles or a part of one of their books. This would only give a partial view of the rich texture of their work. Rather, the authors were asked to make an original synthesis of their own contributions to the field of legal theory and legal philosophy. Brought together in this volume, they constitute a truly author-ised view of their work. This book is also new in that each essay is complemented with bibliographical information in order to encourage further research on the author's self-selected work. This will help the reader rapidly to become familiar with the whole of the published work of the contributors.
Author: Mark Tebbit
Publisher: Psychology Press
View: 3687Philosophy of Law: An Introduction provides an ideal starting point for students of philosophy and law as it assumse no prior knowledge of either subject. The book is structured around the key issues and themes in the philosophy of law, including: what is the law? - exploring the major legal theories of realism, positivism and natural law the reach of the law - covering authority, rights, liberty, privacy and tolerance criminal responsibility and punishment - including legal defenses, crime, diminished responsibility and theories of punishment. The second edition is updated with important developments in English law, the general impact of the Human Rights Act and the defence of necessity in relation to the Case of the Conjoined Twins. Radical Marxism, feminist, critical legal studies and critical race theories are also explained against the background of controversy between postmodernism and defences of modernity. New chapters assess the value of traditional legal theory and various critical perspectives and study questions at the end of each chapter help students explore the most important issues in philosophy of law.
Einleitung in die rechtswissenschaftliche Problematik
Author: Hans Kelsen
Publisher: Mohr Siebrek Ek
View: 2471Die von Hans Kelsen im Jahre 1934 vorgelegte "Reine Rechtslehre" gehört zu den rechtstheoretischen Schlüsselschriften des 20. Jahrhunderts. In ihr entwickelt Kelsen erstmals systematisch seine einerseits das Recht von der Moral, andererseits die Norm vom Faktum konsequent scheidende, ideologiekritische Rechtstheorie. Wer auf der Höhe der Zeit über Struktur und Geltung von Recht und die Eigenart von Rechtswissenschaft, kurz: wer über das Rechtliche am Recht nachdenken will, kommt an der "Reine[n] Rechtslehre" nicht vorbei. Die Erstauflage der "Reine[n] Rechtslehre", die weltweit in rund ein Dutzend Sprachen übersetzt worden ist, wurde in deutscher Sprache mehrfach nachgedruckt, ist indes derzeit vergriffen. Sie wird hier in Gestalt einer Studienausgabe vorgelegt, die am Recht Interessierte zum Hineinlesen ermutigen und zum kritischen Nach- und Weiterdenken einladen möchte.
An Exposition of the Fundamental Principles of Jurisprudence as the Science of Right
Author: Immanuel Kant
Publisher: The Lawbook Exchange, Ltd.
View: 7019Kant's Master Work Published in 1797, The Philosophy of Law [Rechtslehre] stands as one of the most significant late works by the great Prussian philosopher. Though he lived in an atmosphere of political and social repression, it is evident that Kant was sensitive to the revolutionary spirit that was spreading throughout Europe in the wake of Napoleon's armies. Claiming that man is born with reason and an innate desire for freedom, he argued that the union of these natural gifts could bring about a new sense of order and harmony in future generations. This edition also reprints Kant's later Supplementary Explanations (1797), which was added to the second edition (1798). Immanuel Kant [1724-1804] was the foremost thinker of the late Enlightenment and one of the greatest figures in the history of Western philosophy. Concerned principally with epistemology, ethics and aesthetics, his work synthesized trends initiated by Rationalism and Empiricism; it has been a significant influence in the subsequent development of philosophy, religion and law.
Author: Jules L. Coleman
View: 372An extraordinary collection of the finest essays in the core areas of legal philosophy, Readings in Philosophy of Law is a perfect introduction to the breadth of issues covered in the philosophy of law. The essays are all classic papers chosen as much for their clarity of thought and comprehensiveness as for their distinctiveness and importance to the subject matters of legal philosophy. This collection is ideal for the professional as well as the student, as it brings together classic essays that are not otherwise available in one volume. The reader sees each author's thoughts and arguments unfold naturally within the context of other important works. For breadth of contributions and intellectual rigor, Readings in Philosophy of Law is unrivalled.