Essential Philosophy Of Law
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| Author | : Larry May |
| Publisher | : John Wiley & Sons |
| Total Pages | : 649 |
| Release | : 2009-05-18 |
| Genre | : Philosophy |
| ISBN | : 1405183888 |
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
| Author | : Mark Tebbit |
| Publisher | : Psychology Press |
| Total Pages | : 262 |
| Release | : 2005 |
| Genre | : Law |
| ISBN | : 0415334411 |
"Simultaneously published in the USA and Canada."
| Author | : Andrei Marmor |
| Publisher | : Princeton University Press |
| Total Pages | : 180 |
| Release | : 2014-12-21 |
| Genre | : Philosophy |
| ISBN | : 0691163960 |
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.
| Author | : Raymond Wacks |
| Publisher | : OUP Oxford |
| Total Pages | : 169 |
| Release | : 2014-02-27 |
| Genre | : Law |
| ISBN | : 0191510637 |
The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
| Author | : Liesbeth Huppes-Cluysenaer |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 284 |
| Release | : 2013-02-14 |
| Genre | : Law |
| ISBN | : 9400760310 |
The book presents a new focus on the legal philosophical texts of Aristotle, which offers a much richer frame for the understanding of practical thought, legal reasoning and political experience. It allows understanding how human beings interact in a complex world, and how extensive the complexity is which results from humans’ own power of self-construction and autonomy. The Aristotelian approach recognizes the limits of rationality and the inevitable and constitutive contingency in Law. All this offers a helpful instrument to understand the changes globalisation imposes to legal experience today. The contributions in this collection do not merely pay attention to private virtues, but focus primarily on public virtues. They deal with the fact that law is dependent on political power and that a person can never be sure about the facts of a case or about the right way to act. They explore the assumption that a detailed knowledge of Aristotle's epistemology is necessary, because of the direct connection between Enlightened reasoning and legal positivism. They pay attention to the concept of proportionality, which can be seen as a precondition to discuss liberalism.
| Author | : George P. Fletcher |
| Publisher | : OUP USA |
| Total Pages | : 222 |
| Release | : 1996-09-12 |
| Genre | : Law |
| ISBN | : 9780195083361 |
This is a brief introduction to the major issues in legal philosophy, intended for use as a secondary text in law schools, and in graduate and undergraduate courses in philosophy of law, jurisprudence and legal issues.
| Author | : Liam Murphy |
| Publisher | : Cambridge University Press |
| Total Pages | : 221 |
| Release | : 2014-06-16 |
| Genre | : Law |
| ISBN | : 0521834279 |
This advanced introduction to central questions in legal philosophy attempts to breathe new life into stalled research.
| Author | : James Bernard Murphy |
| Publisher | : Yale University Press |
| Total Pages | : 254 |
| Release | : 2008-10-01 |
| Genre | : Law |
| ISBN | : 0300138016 |
In this first book-length study of positive law, James Bernard Murphy rewrites central chapters in the history of jurisprudence by uncovering a fundamental continuity among four great legal philosophers: Plato, Thomas Aquinas, Thomas Hobbes, and John Austin. In their theories of positive law, Murphy argues, these thinkers represent successive chapters in a single fascinating story. That story revolves around a fundamental ambiguity: is law positive because it is deliberately imposed (as opposed to customary law) or because it lacks moral necessity (as opposed to natural law)? These two senses of positive law are not coextensive yet the discourse of positive law oscillates unstably between them. What, then, is the relation between being deliberately imposed and lacking moral necessity? Murphy demonstrates how the discourse of positive law incorporates both normative and descriptive dimensions of law, and he discusses the relation of positive law not only to jurisprudence but also to the philosophy of language, ethics, theories of social order, and biblical law.
| Author | : Andrei Marmor |
| Publisher | : Routledge |
| Total Pages | : 630 |
| Release | : 2012 |
| Genre | : Law |
| ISBN | : 0415878187 |
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.
| Author | : Huntington Cairns |
| Publisher | : JHU Press |
| Total Pages | : 552 |
| Release | : 2019-12-01 |
| Genre | : Philosophy |
| ISBN | : 1421433443 |
Originally published in 1949. Huntington Cairns identifies the views that major Western philosophers took on law, the problems they considered significant about law, and the nature of the solutions they proposed. This book develops ideas discussed in Cairns' Law and the Social Sciences (1935) and Theory of Legal Science (1941). The object of these three volumes is the same: to construct the foundation of a theory of law that is the necessary antecedent to a possible jurisprudence. The inventory of philosophers that Cairns examines includes Plato, Aristotle, Cicero, Aquinas, Hobbes, Spinoza, and Hegel.
