This volume of his Collected Essays shows the full range and power of his contributions to the philosophy of law.

John Finnis has been a central figure in the development of legal philosophy over the past half-century. This volume of his Collected Essays shows the full range and power of his contributions to core problems in the philosophy of law: the foundations of law's authority; legal reasoning; constitutional theory; and the logic of law-making.

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. (shrink)

__ _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. (shrink)

This leading anthology contains legal cases and essays written by the best scholars in legal philosophy, representing all major points of view on central topics in philosophy of law. This classic text is distinguished by its clarity, readability, balance of topics, balance of substantive positions on controversial questions, topical relevance, imaginative use of cases and stories, and the inclusion of only lightly-edited or untouched classics. This revision is marked by inclusion of many articles relevant to womens issues and (...) a greater emphasis on concrete legal problems. (shrink)

The author addresses issues raised by commentators on his book, Philosophy of Law.

Oxford Studies in the Philosophy of Law is an annual forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world. The essays range widely over issues in general jurisprudence, the philosophical foundations of specific areas of law, the history of legal philosophy, and related philosophical topics that illuminate the problems of legal theory. OSPL will be essential reading for philosophers, academic lawyers, political scientists, and historians of law (...) who wish to keep up with the latest developments in this flourishing field. (shrink)

A thematic reading guide for the Great books of the Western world series.

" William Herbert Page, Harvard Law Review 36:115-117 cited in Marke, A Catalogue of the Law Collection at New York University (1953) 922.

This book provides a collection of 11 cutting-edge essays by leading young scholars, challenging long-held assumptions and offering new research paradigms in Philosophy of Law, in five parts: 1) methodology/metatheory; 2) reasoning/evaluating; 3) values/the moral life; 4) institutions/the social life; and 5) the global/international dimension.

Sections include: Value Judgments & the Law; Normative Elements in the Law; Law in Action; & Law Judgments & the Good.

Radical Philosophy of Law represents a cross section of contemporary critiques of the legal establishment—its theoretical foundations and its institutions and processes. Recognizing that proposals for alternatives to mainstream legal theory and practice do not belong to any single discipline, Caudill and Gold select essays by scholars in philosophy, sociology, criminology, and political theory, in addition to law professors and practitioners. Recognizing, as well, that no single perspective dominates radical legal theory, the essays exemplify the approaches associated with (...) Marxian and neo-Marxian analyses, American Critical Legal Studies and Critical Race Theory, radical feminism, semiotics, liberal theology, and psychoanalytic theory and criticism. (shrink)

In this revised edition, two distinguished philosophers have extended and strengthened the most authoritative text available on the philosophy of law and jurisprudence. While retaining their comprehensive coverage of classical and modern theory, Murphy and Coleman have added new discussions of the Critical Legal Studies movement and feminist jurisprudence, and they have strengthened their treatment of natural law theory, criminalization, and the law of torts. The chapter on law and economics remains the best short introduction to that difficult, controversial, (...) and influential topic.Students will appreciate the careful organization and clear presentation of complicated issues as well as the emphasis on the relevance of both law and legal theory to contemporary society. (shrink)

Cottingham : Western philosophy : an anthology (second edition) -- Cahoone : from modernism to postmodernism : an anthology (expanded -- Second edition) -- Lafollette : ethics in practice : an anthology (third edition) -- Goodin and Pettit: contemporary political philosophy: an anthology (second -- Edition) -- Eze: african philosophy : an anthology -- McNeill and Feldman : continental philosophy : an anthology -- Kim and Sosa : metaphysics : an anthology -- Lycan and Prinz : (...) mind and cognition : an anthology (third edition) -- Kuhse and Singer : bioethics : an anthology (second edition) -- Cummins and Cummins : minds, brains, and computers : the foundations of -- Cognitive science : an anthology -- Sosa, Kim, Fantl, and McGrath epistemology : an anthology (second edition) -- Kearney and Rasmussen : continental aesthetics, romanticism to -- Postmodernism : an anthology -- Martinich and Sosa : analytic philosophy : an anthology -- Jacquette : philosophy of logic : an anthology -- Jacquette : philosophy of mathematics : an anthology -- Harris, Pratt, and Waters : American philosophies : an anthology -- Emmanuel and Goold: modern philosophy from Descartes to Nietzsche : an anthology -- Scharff and Dusek : philosophy of technology ; the technological condition : an anthology -- Light and Rolston : environmental ethics : an anthology -- Taliaferro and Griffiths : philosophy of religion : an anthology -- Lamarque and Olsen : aesthetics and the philosophy of art; the analytic -- Tradition : an anthology -- John and Lopes : philosophy of literature ; contemporary and classic -- Readings : an anthology -- Cudd and Andreasen : feminist theory : a philosophical anthology -- Carroll and Choi : philosophy of film and motion pictures : an anthology -- Lange : philosophy of science : an anthology -- Shafer-Landau and Cuneo : foundations of ethics : an anthology -- Curren : philosophy of education : an anthology -- Shafer-Landau : ethical theory : an anthology -- Cahn and Meskin : aesthetics : a comprehensive anthology -- McGrew, Alspector-Kelly and Allhoff : the philosophy of science : an historical -- Anthology -- May and Brown : the philosophy of law : classic and contemporary readings -- Forthcoming -- Rosenberg and ARP : philosophy of biology : an anthology. (shrink)

Oxford Studies in the Philosophy of Law is an annual forum for new philosophical work on law. The essays 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 is philosophy about law. common critical ontology examines the structure of the world which is hierarchical and is composed of four fundamental levels; the anorganic being, the organic being, the psychical being and the spiritual being, where we meet the personal, objective and the objectified spirit. the new critical ontology is science in the strictest sense of the word and consequently goes out from the total experience. critical legal ontology examines the essence of law and (...) states where the law belongs; in the ideal world or the real world, and states its place in these worlds. it appears that the so far unsolvable fundamental question, i.e., the problems of law and power, and law and revolution are easily and "cum ratione" sufficient to be solved on the basis of this new science. (edited). (shrink)

Practical philosophy of law is a theory about concrete existence of law which holds that due to the asymmetry between existing law and social facts and case facts, the existing law needs to be developed in a reflective manner through application and this is the inevitable process of mutation from law 1.0 to law 2.0. Practical philosophy of law is founded on the generative thinking of practical philosophy, and distinct from other philosophies of law hereof.

The paper offers a reconstruction of the development of Karl Marx’s thought in 1842 – 1844 proceeding from the philosophy of law and social philosophy to political economy and its critique. It puts forward a new interpretation of the categories “bürgerliche Gesellschaft“, “alienation“ and “alienated labor“. This interpretation shows that the development of Marx’s thought did not proceed from „philosophy“ to “political economy“ or from “humanism“ to “scientism“, but from an “external“ to an “internal“ critique of political (...) economy. (shrink)

This edited collection includes contributions from expert philosophers of law and considers the work of one of the most important legal philosophers of our time, Professor Gerald J Postema. The chapters dig deep into important camps of Postema's rich theoretical project including: - the value of the rule of law; - the ideal of integrity in adjudication; - his works on analogical reasoning; - the methodology of jurisprudence; - dialogues with Ronald Dworkin, Joseph Raz, Frederick Schauer and HLA Hart. It (...) includes an original article by Professor Postema, in which he develops his conception of the rule of law and replies to some objections to previous works, and an interview in which he provides a fascinating and unique insight into his philosophy of law. (shrink)

The first two volumes of the collection are devoted primarily to analytical legal theory--in particular, theories about the nature of law. This is the idea of legal philosophy most familiar to jurisprudential students in the English-speaking world, and many of the civil-law countries. The last two volumes sample schools and theorists who mostly come from outside the analytical tradition, and who are, in one sense or another, critical theorists--theorists more interested in offering systematic critiques of law or general prescriptions. (...) The four volumes of the collection are divided into six parts. Part one brings together key work on the methodology of analytical philosophy and Part two collects the most important scholarship on forms of legal positivism, including material in the Austin-Hart tradition, 'inclusive vs. exclusive legal positivism' and Kelsenian legal positivism. Part three ('Critics of Legal Positivism') gathers material in the natural-law tradition; the work and influence of Lon Fuller and Ronald Dworkin are also fully explored here. Parts four to six are an assembly of the best and most important thinking by and about normative and critical theorists working outside the analytical tradition. Part four gathers material under the rubric of legal realism, exploring both the American and Scandinavian schools as well as their predecessors. Part five examines one of the most influential movements in modern legal theory and legal practice: known as 'law and economics' or the 'economic analysis of law', this approach has come to dominate American scholarship, and its role is growing in other countries too. Finally, part six makes available key research on a variety of critical theories of law that have grown up around systematic critiques of Western legal systems. Included here is work by the American legal realists, as well as work by feminists and scholars pursuing critical race theory. The intersection of law and literature is also examined, as are other approaches to law and legal theory: Habermas's 'proceduralist paradigm'; the concept of 'autopoiesis'; and the work of Rorty and Fish. This Routledge Major Work illustrates the many ways in which philosophical methods and theories have been used to explore aspects of law and legal practice, and with a comprehensive introduction, newly written by the editor, which places the collected material in its historical and intellectual context, Philosophy of Law is an essential collection destined to be valued by scholars and students as a vital research resource."--Publisher's website. (shrink)

The experimental philosophy of law is a recent movement that aims to inform traditional debates in jurisprudence by conducting empirical research. This paper introduces and provides a systematic overview of the main lines of research in this field. It also covers the most important debates in the literature regarding the implications of these findings for the philosophy and theory of law. It argues that three challenges arise when addressing (old) legal-philosophical questions in (new) experimental ways by drawing normative (...) implications from empirical data: such implications are value-driven, depend on explanations of empirical findings and vary across legal systems. (shrink)

From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of: The modes of knowing and the kinds of normativity used in the law; Studies in international, (...) constitutional, criminal, administrative, persons and property, contracts and tort law-including their historical origins and worldwide ramifications; Current legal cultures such as common law and civilian, European, and Aboriginal; Influential jurisprudents and their biographies; All influential schools and methods. (shrink)

This paper offers an account of Susan Haack’s philosophy of law and points out several aspects within the legal pragmatist tradition that deserve further discussion. Firstly, a systematic presentation of legal pragmatism as it is defended by Haack, who follows Justice Oliver W. Holmes here, is given. Secondly, the limits of an evolutionary perspective of law recommended by legal pragmatism are considered. Finally, the paper discusses whether legal pragmatism is able to handle different legal traditions, thereby focusing on Anglo-American (...) common law and European civil law. (shrink)

An excellent and succinct historical survey of the major philosophies of law as seen in the leading political philosophers, this work explores the connection between views of law and the philosophical outlooks on which they are based. It also includes a short analysis of some current problems, such as the relation of law to justice, and it suggests the feasibility of international constitutional law.--F. E. B.

The author's purpose was to present to the American lawyer, vital clues to the points of view which have influenced Latin-American attorneys. Kunz, who was a teacher in private & international law, was among the first scholars in the United States to become interested in Latin-American philosophy of law.

Ideal for undergraduate courses in philosophy of law, this comprehensive anthology 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, the rights of the individual against the state, justice and equality, and legal evidence as compared with scientific evidence. The readings have been selected from both philosophy and law journals and include classic texts, contemporary theoretical developments, and well-known recent (...) court cases. The text features extensive introductions that make even the most profound writings accessible to undergraduates. (shrink)

_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. (shrink)

ABSTRACT Most theorists agree that our social order includes a distinctive legal dimension. A fundamental question is that of whether reference to specific legal phenomena always involves a commitment to a particular moral view. Whereas many philosophers advance the ‘positivist’ claim that any correspondence between morality and the law is just a function of political circumstance, natural law theorists insist that law is intrinsically moral. Each school claims the crucial advantage of consistency with our folk concept. Drawing on the notion (...) of dual character concepts, we develop a set of hypotheses about the intuitive relation between a rule’s moral and legal aspects. We then report a set of studies that conflict unexpectedly with the predictions by legal positivists. Intuitively, an evil rule is not a fully-fledged instance of law. (shrink)

Natural law -- Legal positivism -- Dworkin : the moral integrity of law -- Rights and justice -- Law and society -- Critical legal theory -- Understanding law : a very short epilogue.