An Introduction to the Philosophy of Law


Author: Roscoe Pound
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584773278
Category: Law
Page: 307
View: 6262

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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.

Philosophy of Law

An Introduction
Author: Mark Tebbit
Publisher: Routledge
ISBN: 131528099X
Category: Law
Page: 314
View: 2430

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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.

What Makes Law

An Introduction to the Philosophy of Law
Author: Liam Murphy
Publisher: Cambridge University Press
ISBN: 0521834279
Category: Law
Page: 222
View: 1054

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This advanced introduction to central questions in legal philosophy attempts to breathe new life into stalled research.

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: 7751

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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.

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: 8536

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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.

Philosophy of Law


Author: Joel Feinberg,Jules L. Coleman,Christopher Kutz
Publisher: Wadsworth Publishing Company
ISBN: 9781133942962
Category: Education
Page: 1039
View: 7593

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This leading anthology contains essays and cases written by some of the most influential figures in legal philosophy, representing the major theoretical positions in the field. Its primary focus is to relate traditional themes of legal philosophy to the concerns of modern society in a way that invigorates the former and illuminates the latter. This classic text is distinguished by its clarity and accessibility, balance of topics, balance of positions on controversial questions, topical relevance, imaginative use of cases and stories, and the inclusion of only lightly edited or untouched legal classics. This revision is distinguished by its inclusion of new material on law and economics, international law, distributive justice, religion and freedom of expression, feminist legal theory, and critical race theory, as well as a greater emphasis on concrete legal problems.

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: 3077

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6. On Independent Norms

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: 3034

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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

An Introduction to the Philosophy of Science


Author: Rudolf Carnap
Publisher: Courier Corporation
ISBN: 0486140865
Category: Science
Page: 336
View: 9687

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Stimulating, thought-provoking text by one of the 20th century's most creative philosophers makes accessible such topics as probability, measurement and quantitative language, causality and determinism, theoretical laws and concepts, more.

Normative Jurisprudence

An Introduction
Author: Robin West
Publisher: Cambridge University Press
ISBN: 1139504126
Category: Political Science
Page: N.A
View: 7956

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Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship.

Philosophy of Law

A Very Short Introduction
Author: Raymond Wacks
Publisher: Oxford University Press
ISBN: 0199687005
Category: Law
Page: 150
View: 1546

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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.

The Oxford Handbook of Philosophy of Criminal Law


Author: John Deigh,David Dolinko
Publisher: Oxford University Press
ISBN: 0195314859
Category: Law
Page: 525
View: 3104

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First work of its kind (i.e., a handbook of authoritative, original essays) in the philosophy of criminal law The book covers a wide variety of topics including criminalization of obscenity and hate speech, the insanity defense, pleas of self-defense by battered women, the death penalty, and clemency. This is the first comprehensive handbook in the philosophy of criminal law. It contains seventeen original essays by leading thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation, responsibility, justification and excuse, duress, provocation and self-defense, insanity, punishment, the death penalty, mercy, and preventive detention and other alternatives to punishment. It will be an invaluable resource for scholars and students whose research and studies concern philosophical issues in criminal law and criminal law theory. Readership: Philosophers who specialize in legal philosophy, moral philosophy, or political philosophy; Criminal Law theorists and scholars; Criminologists; and Philosophy graduate students with interests in moral, political or legal philosophy.

The Routledge Companion to Philosophy of Law


Author: Andrei Marmor
Publisher: Routledge
ISBN: 0415878187
Category: Law
Page: 630
View: 7955

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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.

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
View: 5065

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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.

Natural Law

An Introduction to Legal Philosophy
Author: Alexander Passerin d'Entreves
Publisher: Routledge
ISBN: 1351503499
Category: Law
Page: 232
View: 1807

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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

The Software of the Universe

An Introduction to the History and Philosophy of the Laws of Nature
Author: Mauro Dorato
Publisher: Gower Publishing, Ltd.
ISBN: 9780754639947
Category: Philosophy
Page: 158
View: 2540

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In 'The Software of the Universe' the author discusses the history of and a number of philosophical questions surrounding the concept of 'laws of nature'.

Ethics and Law

An Introduction
Author: W. Bradley Wendel
Publisher: Cambridge University Press
ISBN: 1107042569
Category: Law
Page: 261
View: 9323

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Combining theory with real-world examples, this book explores the classic problems of legal ethics and the philosophy of law.