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.
Author: Martin P. Golding
Publisher: John Wiley & Sons
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
On the dividing line between natural law theory and legal positivism. Notre Dame
Law Review, 75, 1613–1624. Bix, B. H. (2005). Legal positivism. In M. P. Golding
& W. A. Edmundson (Eds.), The Blackwell Guide to the Philosophy of Law and ...
Author: Jeffrey A. Jenkins
Publisher: Jones & Bartlett Learning
Courtrooms are often lively places, and what occurs in them has a profound impact on the functioning of our democracy. The American Courts – A Procedural Approach offers readers a thorough understanding of the United States court system by exploring the procedural aspects of the law. The rules of both criminal and civil procedure, how they are applied, and their influence on decision-making in the courts are thoroughly examined. This text is ideal for undergraduate and introductory graduate criminal justice, legal studies, and government programs.
... editor of The Duty to Obey the Law (1999) and coeditor, with M. P. Golding, of The Blackwell Guide to the Philosophy of Law and Legal Theory (2004). John
Finnis is Professor Emeritus of Law and Legal Philosophy, University of Oxford,
Author: Andrei Marmor
The 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.
Introduction economic analysis has transformed legal theory. ... On this complex
issue, see generally Alon Harel, Theories of Rights, in Blackwell's Guide to the Philosophy of Law and Legal Theory 191, esp. at 197–201 (Martin P. Golding ...
Author: Eyal Zamir
Publisher: Oxford University Press, USA
This work examines the possibility of combining economic methodology and deontological morality through explicit and direct incorporation of moral constraints into economic models.
Author: Raphael Cohen-AlmagorPublish On: 2005-12-20
After explicating the underpinning concepts for ethical and legal analysis of
privacy I go on to discuss two specific case ... in M. P. Golding and W. A.
Edmundson (eds), The Blackwell Guide to the Philosophy of Law and Legal Theory (Oxford: ...
Author: Raphael Cohen-Almagor
Category: Political Science
One of the dangers in any political system is that the principles that underlie and characterize it may, through their application, bring about its destruction. Liberal democracy is no exception. Moreover, because democracy is relatively a young phenomenon, it lacks experience in dealing with pitfalls involved in the working of the system - the ‘catch’ of democracy. This is an interdisciplinary study concerned with the limits of tolerance, this ‘democratic catch’, and the costs of freedom of expression. Rights are costly, and someone must pay for them. We can and should ask about the justification for bearing the costs, weighing them against the harms inflicted upon society as a result of a wide scope of tolerance. While recognizing that we have the need to express ourselves, we should also inquire about the justifications for tolerating the damaging speech and whether these are weighty enough. This book combines theory and practice, examining issues of contention from philosophical, legal and media perspectives and covers such issues as: media invasion into one’s privacy offensive speech incitement hate speech holocaust denial media coverage of terrorism. This book is essential reading for anyone who has research interests in political theory, extremism, and free speech.
... Harvard University Press , Cambridge , Mass . , 1991 ) Munzer , Stephen R . , “
The Commons and the Anticommons in the Law and Theory of Property ” , in The Blackwell Guide to the Philosophy of Law and Legal Theory ( Martin P . Golding ...
Author: Brian Bix
Previous editions : 2003 (3rd), 1999 (2nd), and 1996 (1st).
In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities.
Author: W. J. Waluchow
Publisher: Cambridge University Press
In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy.
SOLUM , L B ( 1996 ) , ' Indeterminacy ' in PATTERSON , D ( ed ) , A Companion
to the Philosophy of Law and Legal Theory ( Oxford , Blackwell ) , 488 . SOLUM ,
L B ( 2000 ) , “ The Value of Dissent ' 85 Cornell Law Review 859 . SOMEK , A ...
Author: Samantha Besson
Publisher: Hart Publishing
The Morality of Conflict explores the relationship between the law and pervasive and persistent reasonable disagreement about justice. It reveals the central moral function and creative force of reasonable disagreement in and about the law and shows why and how lawyers and legal philosophers should take reasonable conflict more seriously. Even though the law should be regarded as the primary mode of settlement of our moral conflicts, it can, and should, also be the object and the forum of further moral conflicts. There is more to the rule of law than convergence and determinacy, and it is important therefore to question the importance of agreement in law and politics. By addressing in detail issues pertaining to the nature and sources of disagreement, this book suggests the value of a comprehensive approach to thinking about conflict, which until recently has been analyzed in a compartmentalized way. It aims to provide a fully-fledged political morality of conflict by drawing on the analysis of topical jurisprudential questions in the new light of disagreement.
For much of its existence, the primary foil for legal positivism has been natural
law theory. ... as 'Legal Positivism' in Martin Golding and William Edmundson (
eds), The Blackwell Guide to the Philosophy of Law and Legal Theory (2005) 29.
To begin with , I want to look at the extent to which Hegel ' s philosophy of law
might bear affinities to legal positivism . ... on Natural Law Theory and Legal
Positivism « in : The Blackwell Guide to the Philosophy of Law and Legal Theory ,
Objectivity and Practice in Legal Theory George Pavlakos ... The Blackwell Guide to the Philosophy of Law and Legal Theory ( Oxford , Blackwell , 2005 )
STELMACH , J and B BROZEK , Methods of Legal Reasoning ( Berlin and New
Author: George Pavlakos
Publisher: Hart Publishing
In this book the author argues that knowledge is the outcome of an activity of judging, which is constrained by reasons (reflexive).
... E Political Theory 43-1222 K235 2004-12895 CIP The Blackwell guide to the philosophy of law and legal theory, ed. by ... afp (Blackwell philosophy guides, 18
) ISBN 0631228322 pbk, $34.95 This collection of articles edited by Golding (law
Author: American Philosophical AssociationPublish On: 2005
PHILOSOPHY OF RELIGION The Blackwell Guide to the Philosophy of Religion
Edited bv William E. Mann JULY 2004 ... PHILOSOPHY OF LAW The Blackwell Guide to the Philosophy of Law and Legal Theory Edited by MARTIN GOLDING ...
THE Blackwell guide to the 340 ' . 1 philosophy of law and legal theory / edited by
Martin P . Golding and William A . Edmundson . Malden , MA : Blackwell Pub . ,
2004 . p . cm . ( Blackwell philosophy guides ; 18 ) Contents : Contending ...
The titles of relatively few well- known philosophical works explicitly refer to "the
child" or "childhood" and one writer (M. Peters, 2000) ... Learning implies a
learner and where the learner is a child, any theory of education implies a
particular conception of the child. ... legal statutes with that to be found in, say,
Victorian children's literature, from discourse to discourse. ... Adulthood shows
itself by being in command of oneself, able to bind oneself to a law of one's
choosing, to maintain ...
Author: Nigel Blake
Publisher: John Wiley & Sons
In this important survey, an international group of leadingphilosophers chart the development of philosophy of education inthe twentieth century and point to signficant questions for itsfuture. Presents a definitive introduction to the core areas ofphilosophy of education. Contains 20 newly-commissioned articles, all of which arewritten by internationally distinguished scholars. Each chapter reviews a problem, examines the current state ofthe discipline with respect to the topic, and discusses possiblefutures of the field. Provides a solid foundation for further study.
Author: William A. EdmundsonPublish On: 2017-07-20
The first detailed reconstruction of the late work of John Rawls, further developing his ideas of 'justice-as-fairness'.
Author: William A. Edmundson
Publisher: Cambridge University Press
This book is the first detailed reconstruction of the late work of John Rawls. John Rawls is considered to be one of the most influential philosophers of the twentieth century. Well known for his writings as a political philosopher, Rawls also commented on economic and developmental psychology topics. His book A Theory of Justice has produced a considerable number of commentaries on Rawls' theory of "justice-as-fairness". In this volume Edmundson explores the generally accepted notion that Rawls was a defender of welfare-state capitalism as found in Western Europe and the United States. He points out that shortly before his death, Rawls expanded on what type of regime meet his criteria of a just state in his Justice as Fairness: A Restatement. Edmundson further develops Rawls' ideas on what our individual duties of justice are when we find ourselves in a society that falls short of justice and fairness.
Johnson, P. 'Bradley and the Nature of Punishment' in A. Manser and Stock, The Philosophy of F.H. Bradley (1984) Oxford, Clarendon. Kamenka, E. and Tay, A. '
Beyond Bourgeois Individualism: the Con temporary Crisis in Law and Legal
Ideology' in Kamenka ... Keat, R. and Urry, J. Social Theory as Science (1975)
London, R.K.P. Kelman, M. 'Interpretive Construction in the Substantive Criminal
Law (1981) ... Harvard U.P. Kenny, A. Will, Freedom and Power (1975) Oxford, Blackwell.
Author: A.W. Norrie
Publisher: Springer Science & Business Media
This book is about 'Kantianism' in both a narrow and a broad sense. In the former, it is about the tracing of the development of the retributive philosophy of punishment into and beyond its classical phase in the work of a number of philosophers, one of the most prominent of whom is Kant. In the latter, it is an exploration of the many instantiations of the 'Kantian' ideas of individual guilt, responsibility and justice within the substantive criminal law . On their face, such discussions may owe more or less explicitly to Kant, but, in their basic intellectual structure, they share a recognisably common commitment to certain ideas emerging from the liberal Enlightenment and embodied within a theory of criminal justice and punishment which is in this broader sense 'Kantian'. The work has its roots in the emergence in the 1970s and early 1980s in the United States and Britain of the 'justice model' of penal reform, a development that was as interesting in terms of the sociology of philosophical knowledge as it was in its own right. Only a few years earlier, I had been taught in undergraduate criminology (which appeared at the time to be the only discipline to have anything interesting to say about crime and punishment) that 'classical criminology' (that is, Beccaria and the other Enlightenment reformers, who had been colonised as a 'school' within criminology) had died a major death in the 19th century, from which there was no hope of resuscitation.
Author: Oxford University PressPublish On: 2010-06-01
This is no less true regarding the influence of one on the other concerning
political philosophy. ... Oxford: Blackwell, 2005. ... LAW Although lawyers have
been interested in Hegel's work, there has been a growing literature in
contemporary jurisprudence on the merits ... Brooks 2005 argues that the modern
reception of Hegel's legal theory is highly ambiguous, as there seems little
agreement on how to ...
Author: Oxford University Press
Publisher: Oxford University Press, USA
This ebook is a selective guide designed to help scholars and students of social work find reliable sources of information by directing them to the best available scholarly materials in whatever form or format they appear from books, chapters, and journal articles to online archives, electronic data sets, and blogs. Written by a leading international authority on the subject, the ebook provides bibliographic information supported by direct recommendations about which sources to consult and editorial commentary to make it clear how the cited sources are interrelated related. This ebook is a static version of an article from Oxford Bibliographies Online: Philosophy, a dynamic, continuously updated, online resource designed to provide authoritative guidance through scholarship and other materials relevant to the study Philosophy. Oxford Bibliographies Online covers most subject disciplines within the social science and humanities, for more information visit www.oxfordbibligraphies.com.