Readings in the Philosophy of Law

Author: Jules L. Coleman

Publisher: Routledge

ISBN: 1135710570

Category: Philosophy

Page: 686

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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.

Classic Readings and Cases in the Philosophy of Law

Author: Susan Dimock

Publisher: Routledge

ISBN: 1315509636

Category: Philosophy

Page: 688

View: 9324

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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.

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: 6463

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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.

The Great Legal Philosophers

Selected Readings in Jurisprudence

Author: Clarence Morris

Publisher: University of Pennsylvania Press

ISBN: 9780812210088

Category: Law

Page: 571

View: 2883

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

Readings in the Philosophy of Technology

Author: David M. Kaplan

Publisher: Rowman & Littlefield Publishers

ISBN: 074256536X

Category: Philosophy

Page: 602

View: 9531

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Ideal for professors who want to provide a comprehensive set of the most important readings in the philosophy of technology, from foundational to the cutting edge, this book introduces students to the various ways in which societies, technologies, and environments shape one another. The readings examine the nature of technology as well as the effects of technologies upon human knowledge, activities, societies, and environments. Students 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.

Philosophy of Law

Classic and Contemporary Readings

Author: Larry May,Jeff Brown

Publisher: John Wiley & Sons

ISBN: 1405183888

Category: Law

Page: 625

View: 6620

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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

Oxford Studies in Philosophy of Law

Author: Leslie Green,Brian Leiter

Publisher: Oxford Studies in Philosophy o

ISBN: 0199606447

Category: Law

Page: 298

View: 8098

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The essays in this annual forum for new philosophical work on law range widely over general jurisprudence (the nature of law, adjudication, and legal reasoning), philosophical foundations of specific areas of law (from criminal to international law), and other philosophical topics relating to legal theory.

Philosophy of Law

Author: Andrei Marmor

Publisher: Princeton University Press

ISBN: 9781400838707

Category: Philosophy

Page: 184

View: 8835

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In 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.

Philosophy of Law and Legal Theory

An Anthology

Author: Dennis Patterson

Publisher: Wiley-Blackwell

ISBN: 9780631202882

Category: Philosophy

Page: 436

View: 9086

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This carefully selected set of readings presents some of the most important articles in the field. The collection is essential reading for anyone with an interest in legal philosophy. Gathers together some of the most important articles in the field of philosophy of law and legal theory. Complements Dennis Patterson's A Companion to Philosophy of Law and Legal Theory (Blackwell, 1999). Represents essential reading for the beginning law student.

Philosophy of Law

An Introduction

Author: Christopher Berry Gray

Publisher: Routledge

ISBN: 1134313772

Category: Law

Page: 264

View: 4501

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Philosophy 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.

The Duty to Obey the Law

Selected Philosophical Readings

Author: William Atkins Edmundson

Publisher: Rowman & Littlefield

ISBN: 9780847692552

Category: Philosophy

Page: 352

View: 9103

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The 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.

The Philosophy of Law

Classic and Contemporary Readings with Commentary

Author: Frederick F. Schauer,Walter Sinnott-Armstrong

Publisher: Houghton Mifflin Harcourt P

ISBN: 9780155008274

Category: Law

Page: 1002

View: 3206

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PHILOSOPHY OF LAW 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, rights of the individual against the state, justice and equality, and legal evidence as compared with scientific evidence. Readings, selected from both philosophy and law journals, include classic texts, contemporary theoretical developments and well-known current court cases.

Natural Law

An Introduction to Legal Philosophy

Author: Alexander Passerin d'Entreves

Publisher: Routledge

ISBN: 1351503499

Category: Law

Page: 232

View: 8685

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This 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

God Matters

Readings in the Philosophy of Religion

Author: Raymond Martin,Christopher Bernard

Publisher: Pearson College Division

ISBN: 9780321103659

Category: Religion

Page: 561

View: 9575

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God 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.

Reading HLA Hart's 'The Concept of Law'

Author: Luís Duarte d'Almeida,James Edwards,Andrea Dolcetti

Publisher: A&C Black

ISBN: 1782252169

Category: Law

Page: 318

View: 1029

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More 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.