An Introduction to the Philosophy of Law


Author: Roscoe Pound
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584773278
Category: Law
Page: 307
View: 1564

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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.

Grounds of liability

an introduction to the philosophy of law
Author: Alan R. White
Publisher: Oxford University Press
ISBN: 9780198761976
Category: Law
Page: 128
View: 3150

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This detailed expositiion of concepts centering on liability-in both a legal and an everyday sense-focuses on such notions as voluntary conduct, acts, intention, negligence, and recklessness. White argues that, contrary to the interpretation taken by many who follow the Austinian tradition, the legal and non-legal uses and understandings of these terms are the same.

The Blackwell Guide to the Philosophy of Law and Legal Theory


Author: Martin P. Golding,William A. Edmundson
Publisher: John Wiley & Sons
ISBN: 0470779861
Category: Philosophy
Page: 368
View: 2235

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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

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.

Philosophy of Law

An Introduction
Author: Mark Tebbit
Publisher: Routledge
ISBN: 131528099X
Category: Law
Page: 314
View: 1459

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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.

Natural Law

An Introduction to Legal Philosophy
Author: Alexander Passerin d'Entreves
Publisher: Routledge
ISBN: 1351503499
Category: Law
Page: 232
View: 6034

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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

Rethinking Indian Jurisprudence

An Introduction to the Philosophy of Law
Author: Aakash Singh Rathore,Garima Goswamy
Publisher: Taylor & Francis
ISBN: 1351106635
Category: Law
Page: 218
View: 4783

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What is law? What is the source of law? What is the law for? How does law differ from other norms or codes of conduct? What is the difference between law and morality? Who is obligated to follow the law and why? What is the difference between moral and legal obligation? This book addresses these foundational questions about the law in general, and seeks to reorient our thoughts to the specific nature of law in India, the India of today, and the possible India of the future. This volume: covers relevant foundational elements, concepts and questions of the discipline; brings the uniqueness of Indian Philosophy of Law to the fore; critically analyzes the major theories of jurisprudence; examines legal debates on secularism, rationality, religion, rights and caste politics; and presents useful cases and examples, including free speech, equality and reservation, queer law, rape and security, and the ethics of organ donation. Lucid and accessible, the book will be indispensable to students, teachers and scholars of law, philosophy, politics as well as philosophy of law, sociology of law, legal theory and jurisprudence.

The Concept of a Legal System

An Introduction to the Theory of Legal System
Author: Joseph Raz
Publisher: Oxford University Press
ISBN: 019825363X
Category: Law
Page: 245
View: 9664

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6. On Independent Norms

Philosophy of Law

A Very Short Introduction
Author: Raymond Wacks
Publisher: Oxford University Press
ISBN: 0199687005
Category: Law
Page: 150
View: 9613

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The concept of law lies at the heart of our social and political life, shaping the character of our community and underlying issues from racism and abortion to human rights and international war. The revised edition of this Very Short Introduction examines the central questions about law's relation to justice, morality, and democracy.

Worldviews

An Introduction to the History and Philosophy of Science
Author: Richard DeWitt
Publisher: John Wiley & Sons
ISBN: 144439276X
Category: Science
Page: 392
View: 8121

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Updated throughout and with three entirely new chapters, Worldviews: An Introduction to the History and Philosophy of Science, Second Edition furthers its reputation as the definitive introductory text on the historical developments and philosophical issues that inform our scientific view of the world around us. Represents an innovative introduction to the history and philosophy of science, designed especially for those coming to the subject for the first time Updated new edition features the addition of chapters focusing on scientific laws, evolutionary theory, and implications of evolution Covers the key historical developments and philosophical themes that have impacted our scientific view of the world around us Analyzes the transitions from the Aristotelian worldview to the Newtonian worldview to a new and currently developing worldview Explores challenges to the Western scientific worldview brought on by recent discoveries

Why Punish?

An Introduction to the Philosophy of Punishment
Author: Rob Canton
Publisher: Macmillan International Higher Education
ISBN: 1137449047
Category: Social Science
Page: 242
View: 5422

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Why do we punish? Is it because only punishment can achieve justice for victims and 'right the wrong' of a crime? Or is it justified because it reduces crime, by deterring potential offenders, offering rehabilitative treatment to others and incapacitating the most dangerous? The complex answers to this enduring question vary across time and place, and are directly linked to people's personal, cultural, social, religious and ethical commitments and even their sense of identity. This unique introduction to the philosophy of punishment provides a systematic analysis of the themes of retribution, deterrence, rehabilitation, incapacitation and restorative justice. Integrating philosophical, sociological, political and ethical perspectives, it provides a thorough and wide-ranging discussion of the purposes, meanings and justifications of punishment for crime and the extent to which punishment does, could or should live up to what it claims to achieve. Why Punish? challenges criminology and criminal justice students as well as policy makers, judges, magistrates and criminal justice practitioners to think more critically about the role of punishment and the moral principles that underpin it. Bridging abstract theory with the realities of practice, Rob Canton asks what better punishment would look like and how it can be achieved.

The Nature and Process of Law

An Introduction to Legal Philosophy
Author: Ali Smith,Patricia Smith
Publisher: Oxford University Press, USA
ISBN: 9780195076974
Category: Language Arts & Disciplines
Page: 856
View: 3271

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Unlike other works in philosophy of law, which focus on the nature of law in the abstract, this comprehensive anthology presents law as a "process," part and parcel of a system of government and defined constitutional procedures. Using the U.S. legal system as a model, it establishes the basis of law in political theory, then presents substantive issues in private and public law, illustrated throughout with important political documents and court cases and stimulating readings in history, law, and philosophy. The editor's detailed critical commentary, notes, and study questions make these materials accessible and useful for a wide range of readers seeking a deeper understanding of private and public law and the nature of the political process.

Understanding Jurisprudence

An Introduction to Legal Theory
Author: Raymond Wacks
Publisher: Oxford University Press
ISBN: 0198806019
Category: Jurisprudence
Page: 407
View: 8320

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Written with students in mind, Professor Raymond Wacks brings legal theory to life through his lucid and entertaining style. The author has crafted a manageable guide, balancing concise introductions to the key theorists and core issues such as punishment and rights without ignoring thesubtleties of the subject. Seminal quotes from leading scholars are included to help students recognise the impact of their work, while extensive further reading suggestions at the end of each chapter invite students to explore the broad range of literature available on central topics. Each chapter concludes with a series ofcritical questions designed to encourage reader to think analytically about the law and the key debates which surround it. This book is accompanied by online resources which includes multiple-choice questions with instant feedback to give students the chance to test their understanding.

An Introduction to the Principles of Morals and Legislation


Author: Jeremy Bentham
Publisher: Courier Corporation
ISBN: 0486120422
Category: Philosophy
Page: 416
View: 6230

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A classic of both philosophy and jurisprudence, this 1789 work articulates an important statement of the foundations of utilitarian philosophy. It also represents a pioneering study of crime and punishment.

Philosophy of Law

An Introduction to Philosophical Jurisprudence
Author: Joseph I. Omoregbe
Publisher: N.A
ISBN: N.A
Category: Law
Page: 191
View: 5453

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