Readings in the Philosophy of Law

Author: John Arthur,William H. Shaw

Publisher: Pearson College Div

ISBN: N.A

Category: Law

Page: 643

View: 2208

This 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.
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Readings in the Philosophy of Law

Author: Jules L. Coleman

Publisher: Routledge

ISBN: 1135710503

Category: Philosophy

Page: 686

View: 5389

An 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.
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Classic Readings and Cases in the Philosophy of Law

Author: Susan Dimock

Publisher: Routledge

ISBN: 1315509636

Category: Philosophy

Page: 688

View: 8686

With over sixty cases as support, this text presents the philosophy of law as a perpetual series of debates with overlapping lines and cross connections. Using law as a focus to bring into relief many social and political issues of pressing importance in contemporary society, this book encourages readers to think critically and philosophically. Classic Readings and Cases in the Philosophy of Law centers on five major questions: What is law? What, if any, connection must there be between law and morality? When should law be used to restrict the liberty of individuals? To what extent should democratic states permit civil disobedience? What, if anything, justifies the infliction of punishment on those who violate the law? The extensive anthology of cases covers the mundane to the grandest of constitutional issues, including controversial topics like ownership of genetic material, capital punishment, and gay rights. Brief introductions to each case describe the central issue being litigated, the legal reasoning of the justices–both majority and dissenting–the decision of the court, and its philosophical significance.
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Law and Morality

Readings in Legal Philosophy

Author: David Dyzenhaus,Sophia Reibetanz Moreau,Arthur Ripstein

Publisher: University of Toronto Press

ISBN: 0802094899

Category: Law

Page: 1076

View: 2311

Since its first publication in 1996, Law and Morality has filled a long-standing need for a contemporary Canadian textbook in the philosophy of law. Now in its third edition, this anthology has been thoroughly revised and updated, and includes new chapters on equality, judicial review, and terrorism and the rule of law. The volume begins with essays that explore general questions about morality and law, surveying the traditional literature on legal positivism and contemporary debates about the connection between law and morality. These essays explore the tensions between law as a protector of individual liberty and as a tool of democratic self-rule, and introduce debates about adjudication and the contribution of feminist approaches to the philosophy of law. New material on the Chinese Canadian head tax case is also featured. The second part of Law and Morality deals with philosophical questions as they apply to contemporary issues. Excerpts from judicial decisions as well as essays by practicing lawyers are included to provide theoretically informed legal analyses of the issues. Striking a balance between practical and more analytic, philosophical approaches, the volume's treatment of the philosophy of law as a branch of political philosophy enables students to understand law in its function as a social institution. Law and Morality has proved to be an essential text in both departments of philosophy and faculties of law and this latest edition brings the debates fully up to date, filling gaps in the previous editions and adding to the array of contemporary issues previously covered.
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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: 8330

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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The Philosophy of Law

Classic and Contemporary Readings with Commentary

Author: Frederick F. Schauer,Walter Sinnott-Armstrong

Publisher: Oxford University Press, USA

ISBN: 9780195155129

Category: Law

Page: 1002

View: 9855

Ideal for undergraduate courses in philosophy of law, this comprehensive anthology examines such topics as the concept of law, the dispute between natural law theorists and legal positivists, the relations between law and morality, criminal responsibility and legal punishment, the rights of the individual against the state, justice and equality, and legal evidence as compared with scientific evidence. The readings have been selected from both philosophy and law journals and include classic texts, contemporary theoretical developments, and well-known recent court cases. The text features extensive introductions that make even the most profound writings accessible to undergraduates.
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The Great Legal Philosophers

Selected Readings in Jurisprudence

Author: Clarence Morris

Publisher: University of Pennsylvania Press

ISBN: 9780812210088

Category: Law

Page: 571

View: 4037

"An attempt to give readers in one volume a speaking acquaintance with the great legal philosophers of the ages"--Preface.
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Punishment and Responsibility

Essays in the Philosophy of Law

Author: H. L. A. Hart

Publisher: OUP Oxford

ISBN: 0191021776

Category: Law

Page: 336

View: 1382

This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers. For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction engaging critically with Hart's arguments, and explaining the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles. Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students and professionals engaged in criminal justice and penal policy.
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Philosophy of Law

An Introduction

Author: Mark Tebbit

Publisher: Taylor & Francis

ISBN: 1315281007

Category: Law

Page: 314

View: 6193

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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Introductory Readings in the Philosophy of Science

Author: E. D. Klemke,Robert Hollinger,David Wÿss Rudge,A. David Kline

Publisher: N.A

ISBN: N.A

Category: Philosophy

Page: 579

View: 8800

This popular reader has been vastly updated with ten stimulating new selections on the natural and the social sciences: feminism; postmodernism, relativism, and science; confirmation, acceptance, and theory; explanatory unification; and science and values. Retaining the best essays from the previous editions, the editors have added important new pieces to maintain this influential text's relevance.
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Between Authority and Interpretation

On the Theory of Law and Practical Reason

Author: Joseph Raz

Publisher: OUP Oxford

ISBN: 0191580341

Category: Law

Page: 432

View: 2152

In this book Joseph Raz develops his views on some of the central questions in practical philosophy: legal, political, and moral. The book provides an overview of Raz's work on jurisprudence and the nature of law in the context of broader questions in the philosophy of practical reason. The book opens with a discussion of methodological issues, focusing on understanding the nature of jurisprudence. It asks how the nature of law can be explained, and how the success of a legal theory can be established. The book then addresses central questions on the nature of law, its relation to morality, the nature and justification of authority, and the nature of legal reasoning. It explains how legitimate law, while being a branch of applied morality, is also a relatively autonomous system, which has the potential to bridge moral differences among its subjects. Raz offers responses to some critical reactions to his theory of authority, adumbrating, and modifying the theory to meet some of them. The final part of the book brings together for the first time Raz's work on the nature of interpretation in law and the humanities. It includes a new essay explaining interpretive pluralism and the possibility of interpretive innovation. Taken together, the essays in the volume offer a valuable introduction for students coming for the first time to Raz's work in the philosophy of law, and an original contribution to many of the current debates in practical philosophy.
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Morality and Moral Controversies

Readings in Moral, Social and Political Philosophy

Author: Steven Scalet,John Arthur

Publisher: Routledge

ISBN: 1315510766

Category: Philosophy

Page: 672

View: 8892

Morality and Moral Controversies provides students with the tools to understand the philosophical ideas that are shaping our world today. This comprehensive anthology includes classic and contemporary readings in moral theory and the most current applied ethics debates emphasizing international concerns. Through analyzing these readings such as Supreme Court decisions, students will grasp the scope of various philosophical discussions Supreme Court justices must have. Morality and Moral Controversies challenges readers to critically assess leading controversies in moral, social, and political philosophy. Upon completing this book, readers will be able to: Understand philosophical ideas that are shaping our world today. Confront conflicts faced when given the choice of morality. Apply various philosophical ideas to politics, religion, economics, relationships, and medicine. Discuss basic philosophical arguments.
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Freedom's Law

The Moral Reading of the American Constitution

Author: Ronald Dworkin

Publisher: N.A

ISBN: 9780198265573

Category: Constitutional law

Page: 427

View: 9900

Written by the world's best-known political and legal theorist, Freedom's Law: The Moral Reading of the American Constitution is a collection of essays that discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Professor Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments.He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His `moral reading therefore brings political morality into the heart of constitutional law. The various chapters of this book were originally published separately and are now drawn together to provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
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Readings in the Philosophy of Social Science

Author: Michael Martin,Lee C. McIntyre

Publisher: MIT Press

ISBN: 9780262631518

Category: Science

Page: 785

View: 435

the first comprehensive anthology in the philosophy of social science to appear since the late 1960s
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Readings on Laws of Nature

Author: John W. Carroll

Publisher: N.A

ISBN: 9780822958529

Category: Philosophy

Page: 284

View: 9468

As a subject of inquiry, laws of nature exist in the overlap between metaphysics and the philosophy of science. Over the past three decades, this area of study has become increasingly central to the philosophy of science. It also has relevance to a variety of topics in metaphysics, philosophy of mind, philosophy of language, and epistemology. Readings on Laws of Nature is the first anthology to offer a contemporary history of the problem of laws. The book is organized around three key issues: the matter of distinguishing laws from mere correlations, questions concerning inductive reasoning and laws, and the consideration of whether there are any true laws in science. Designed for class use, the anthology covers a remarkably broad range of views and concerns, and consists exclusively of articles that have proved highly influential in the field. Readings on Laws of Nature will also serve as a valuable research and reference tool for philosophers who do not specialize in the subject, but who have occasion to examine concepts relating to the laws of nature in their own work.
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Philosophy of Mathematics

Selected Readings

Author: Paul Benacerraf,Hilary Putnam

Publisher: Cambridge University Press

ISBN: 1107268133

Category: Science

Page: N.A

View: 6531

The twentieth century has witnessed an unprecedented 'crisis in the foundations of mathematics', featuring a world-famous paradox (Russell's Paradox), a challenge to 'classical' mathematics from a world-famous mathematician (the 'mathematical intuitionism' of Brouwer), a new foundational school (Hilbert's Formalism), and the profound incompleteness results of Kurt Gödel. In the same period, the cross-fertilization of mathematics and philosophy resulted in a new sort of 'mathematical philosophy', associated most notably (but in different ways) with Bertrand Russell, W. V. Quine, and Gödel himself, and which remains at the focus of Anglo-Saxon philosophical discussion. The present collection brings together in a convenient form the seminal articles in the philosophy of mathematics by these and other major thinkers. It is a substantially revised version of the edition first published in 1964 and includes a revised bibliography. The volume will be welcomed as a major work of reference at this level in the field.
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Readings in the Philosophy of Technology

Author: David M. Kaplan

Publisher: Rowman & Littlefield

ISBN: 9780742564015

Category: Philosophy

Page: 583

View: 3502

This second edition of Readings in the Philosophy of Technology examines the nature of technology as well as the effects of technologies upon human knowledge, activities, societies, and environments. The aim of philosophy of technology is to understand, evaluate, and criticize the ways in which technologies reflect as well as change human life and the natural world. Compiled specifically with students and newcomers in mind, this book explores the various ways in which societies, technologies, and environments shape one another. Readers will learn to appreciate the ways that philosophy informs our understanding of technology, and to see how technology relates to ethics, politics, nature, human nature, computers, science, food, and animals.
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