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

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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: 4262

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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: 7094

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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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Law: Key Concepts in Philosophy

Author: David Ingram

Publisher: A&C Black

ISBN: 1441193952

Category: Philosophy

Page: 230

View: 837

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The philosophy of law - inquiry into the origins, nature and theory of laws and legal principles, and those concepts that structure the practice of law - is of great importance in moral and political philosophy, as well as being a major area of philosophical concern in its own right. Clear, concise and comprehensive, this is the ideal introduction to the philosophy of law for those studying it for the first time. Drawing upon both the analytic Anglo-American and Continental schools of philosophy, Law: Key Concepts in Philosophy summarises the work of key thinkers in the philosophy of law, including Rousseau, Hobbes, Austin, Hegel, Mill, Marx, Dworkin and Rawls. It provides lucid and thorough explication and analysis of central concerns in legal philosophy, covering criminal law, civil law and constitutional law. Finally, the text also addresses key issues in contemporary philosophy of law, including human rights, international law and questions of race and gender.
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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: 2671

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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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Hart's Legal Philosophy

An Examination

Author: M.E. Bayles

Publisher: Springer Science & Business Media

ISBN: 9401580863

Category: Philosophy

Page: 318

View: 3647

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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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Hard Cases in Wicked Legal Systems

Pathologies of Legality

Author: David Dyzenhaus

Publisher: Oxford University Press

ISBN: 0199532214

Category: Law

Page: 311

View: 4217

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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: 5167

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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: 2375

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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: 6442

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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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