Author: Jules L. Coleman
View: 1675An 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.
Author: John Arthur,William H. Shaw
Publisher: Pearson College Division
View: 7352This anthology of classical and contemporary philosophical and legal essays and legal cases focuses on legal philosophy as its own subject--rather than as an outgrowth of social or political philosophy or applied ethics. The essays focus on how law is organized and the particular philosophical issues that law raises-- and gives readers the opportunity to think through actual debates—many of them still live in the courts. Provides short introductions and thought-provoking questions for each selection. The Practice of Law. The Rule of Law. The Moral Force of Law. Elements of Legal Reasoning. Natural Law and Legal Positivism: Classical Perspectives. Formalism and Legal Realism. The Contemporary Debate: Hart v. Dworkin. Law and Economics. Critical Legal Theory and Feminist Jurisprudence. Punishment: Theory and Practice. Problems of Criminal Liability. The Rights of Defendants. Compensating for Private Harms: The Law of Torts. Private Ownership: The Law of Property. Private Agreements: the Law of Contract. Constitutional Government and the Problem of Interpretation. Freedom of Religion, Speech and Privacy. Equality and the Constitution. For anyone interested in the law.
Author: Susan Dimock
View: 2504With 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.
Readings in Legal Philosophy
Author: David Dyzenhaus,Sophia Reibetanz Moreau,Arthur Ripstein
Publisher: University of Toronto Press
View: 5700Since 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.
Author: David M. Kaplan
Publisher: Rowman & Littlefield
View: 442This 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.
Classic and Contemporary Readings
Author: Larry May,Jeff Brown
Publisher: John Wiley & Sons
View: 8918Philosophy 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: Christopher Berry Gray
View: 9933Philosophy 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.
Author: Alan Hunt
Publisher: Berg Pub Limited
View: 9062This volume offers a critical interrogation of the widely influential legal and political philosophy of Ronald Dworkin. As the central figure in contemporary Anglo-American legal theory, he has been involved in various debates, in the past mainly with critics on the right, who took issue with his "radical liberalism". In contrast, the authors of this text challenge Dworkin's radical credentials not only with regard to his general political philosophy, but also with reference to his legal theory, his interpretive method and his view of judging. This volume offers a critical interrogation of the widely influential legal and political philosophy of Ronald Dworkin. As the central figure in contemporary Anglo-American legal theory, he has been involved in various debates, in the past mainly with critics on the right, who took issue with his "radical liberalism". In contrast, the authors of this text challenge Dworkin's radical credentials not only with regard to his general political philosophy, but also with reference to his legal theory, his interpretive method and his view of judging.
Author: Luís Duarte d'Almeida,James Edwards,Andrea Dolcetti
Publisher: A&C Black
View: 2330More than 50 years after it was first published, The Concept of Law remains the most important work of legal philosophy in the English-speaking world. In this volume, written for both students and specialists, 13 leading scholars look afresh at Hart's great book. Unique in format, the volume proceeds sequentially through all the main ideas in The Concept of Law: each contributor addresses a single chapter of Hart's book, critically discussing its arguments in light of subsequent developments in the field. Four concluding essays assess the continued relevance for jurisprudence of the 'persistent questions' identified by Hart at the beginning of The Concept of Law. The collection also includes Hart's 'Answers to Eight Questions', written in 1988 and never before published in English. Contributors include Timothy Endicott, Richard HS Tur, Pavlos Eleftheriadis, John Gardner, Grant Lamond, Nicos Stavropoulos, Leslie Green, John Tasioulas, Jeremy Waldron, John Finnis, Frederick Schauer, Pierluigi Chiassoni and Nicola Lacey.
Selected Philosophical Readings
Author: William Atkins Edmundson
Publisher: Rowman & Littlefield
View: 9826The question, "Why should I obey the law?" introduces a contemporary puzzle that is as old as philosophy itself. The puzzle is especially troublesome if we think of cases in which breaking the law is not otherwise wrongful, and in which the chances of getting caught are negligible. Philosophers from Socrates to H.L.A. Hart have struggled to give reasoned support to the idea that we do have a general moral duty to obey the law but, more recently, the greater number of learned voices has expressed doubt that there is any such duty, at least as traditionally conceived. The thought that there is no such duty poses a challenge to our ordinary understanding of political authority and its legitimacy. In what sense can political officials have a right to rule us if there is no duty to obey the laws they lay down? Some thinkers, concluding that a general duty to obey the law cannot be defended, have gone so far as to embrace philosophical anarchism, the view that the state is necessarily illegitimate. Others argue that the duty to obey the law can be grounded on the idea of consent, or on fairness, or on other ideas, such as community.
Author: Peter Ludlow
Publisher: MIT Press
Category: Language Arts & Disciplines
View: 6064A central theme of this collection is that the philosophy of language, at least a core portion of it, has matured to the point where it is now being spun off into linguistic theory.
Classic and Contemporary Readings with Commentary
Author: Frederick F. Schauer,Walter Sinnott-Armstrong
Publisher: Oxford University Press, USA
View: 9325Ideal 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.
Author: Andrei Marmor
View: 6369The 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.
Author: Robert Greene
Publisher: Carl Hanser Verlag GmbH Co KG
Category: Political Science
View: 5827Mit über 200.000 verkauften Exemplaren dominierte „Power – Die 48 Gesetze der Macht“ von Robert Greene monatelang die Bestsellerlisten. Nun erscheint der Klassiker als Kompaktausgabe: knapp, prägnant, unterhaltsam. Wer Macht haben will, darf sich nicht zu lange mit moralischen Skrupeln aufhalten. Wer glaubt, dass ihn die Mechanismen der Macht nicht interessieren müssten, kann morgen ihr Opfer sein. Wer behauptet, dass Macht auch auf sanftem Weg erreichbar ist, verkennt die Wirklichkeit. Dieses Buch ist der Machiavelli des 21. Jahrhunderts, aber auch eine historische und literarische Fundgrube voller Überraschungen.
Readings in the Philosophy of Religion
Author: Raymond Martin,Christopher Bernard
Publisher: Pearson College Division
View: 2561God Matters is a state-of-the-art, accessible anthology of the major issues in philosophy of religion. Its accessibility is due to its mix of classic readings and brand new readings about contemporary issues, commissioned specifically with an undergraduate student in mind. These commissioned readings make the difficult concepts of contemporary philosophy of religion easy to understand, and are complemented by key excerpts from more technical philosophers' writing on the same subjects. The result is an engaging, comprehensive reader that introduces students to the most important ideas in classical and contemporary philosophy of religion, to the most important thinkers, and even to excerpts from the key texts in which these thinkers presented their groundbreaking theories.
An Introduction to Legal Philosophy
Author: Alexander Passerin d'Entreves
View: 1615This 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