Readings in the Philosophy of Law

Readings in the Philosophy of Law
Author: John Arthur
Publisher: Routledge
Total Pages: 694
Release: 2001
Genre: Law
ISBN:

For sophomore/junior courses in Philosophy of Law. This anthology of classical and contemporary philosophical and legal essays and legal cases focuses on legal philosophy as its own subject rather than as an outgrowth of social or political philosophy or applied ethics. The essays focus on how law is organized and the particular philosophical issues that law raises. The book requires students to think through actual debates many of them still live in the courts.

Law and Morality

Law and Morality
Author: David Dyzenhaus
Publisher: University of Toronto Press
Total Pages: 1095
Release: 2007-01-01
Genre: Law
ISBN: 0802094899

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 Philosophy of Law and Legal Science

The Philosophy of Law and Legal Science
Author: V.P. Salnikov
Publisher: Cambridge Scholars Publishing
Total Pages: 280
Release: 2018-10-01
Genre: Law
ISBN: 152751787X

The book explores a variety of problems connected to philosophy and philosophy of law. It discusses the problem of monism-pluralism in philosophy and philosophy of law, criticizes philosophy of post-positivism and postmodernism, and investigates dialectics as a universal global methodological basis of scientific cognition and philosophy of law. The volume also pays particular attention to contemporary legal education, offering potential solutions to problems in this field. The book is the result of a range of sociological studies conducted both in Russia and abroad concerning the legal process and legal consciousness.

A Treatise of Legal Philosophy and General Jurisprudence

A Treatise of Legal Philosophy and General Jurisprudence
Author: Gerald J. Postema
Publisher: Springer Science & Business Media
Total Pages: 633
Release: 2011-08-05
Genre: Philosophy
ISBN: 9048189608

Volume 11, the sixth of the historical volumes of A Treatise of Legal Philosophy and General Jurisprudence, offers a fresh, philosophically engaged, critical interpretation of the main currents of jurisprudential thought in the English-speaking world of the 20th century. It tells the tale of two lectures and their legacies: Oliver Wendell Holmes, Jr.’s “The Path of Law” (1897) and H.L.A. Hart’s Holmes Lecture, “Positivism and the Separation of Law and Morals” (1958). Holmes’s radical challenge to late 19th century legal science gave birth to a rich variety of competing approaches to understanding law and legal reasoning from realism to economic jurisprudence to legal pragmatism, from recovery of key elements of common law jurisprudence and rule of law doctrine in the work of Llewellyn, Fuller and Hayek to root-and-branch attacks on the ideology of law by the Critical Legal Studies and Feminist movements. Hart, simultaneously building upon and transforming the undations of Austinian analytic jurisprudence laid in the early 20th century, introduced rigorous philosophical method to English-speaking jurisprudence and offered a reinterpretation of legal positivism which set the agenda for analytic legal philosophy to the end of the century and beyond. A wide-ranging debate over the role of moral principles in legal reasoning, sparked by Dworkin’s fundamental challenge to Hart’s theory, generated competing interpretations of and fundamental challenges to core doctrines of Hart’s positivism, including the nature and role of conventions at the foundations of law and the methodology of philosophical jurisprudence.

The Great Legal Philosophers

The Great Legal Philosophers
Author: Clarence Morris
Publisher: University of Pennsylvania Press
Total Pages: 588
Release: 1971
Genre: Law
ISBN: 9780812210088

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

Feminist Encounters with Legal Philosophy

Feminist Encounters with Legal Philosophy
Author: Maria Drakopoulou
Publisher: Routledge
Total Pages: 230
Release: 2013-12-17
Genre: Law
ISBN: 1135144796

Presenting feminist readings of texts from the legal philosophical and jurisprudential canon, the papers collected here offer an interdisciplinary and critical challenge to established modes of reading law. Feminist approaches to law usually take the form of either critical engagements with legal doctrine, legal concepts and ideas, or critical assessments of the effects that specific areas of law have upon the lives of women. This collection, however, although rooted in feminist legal scholarship, takes the established canon of legal texts as the object of inquiry. Taking as their common starting point the fact that legal texts are plural and open to multiple readings, all the contributions in this collection offer subversive, but supplementary, interpretations of the legal canon. In this respect, however, they do not merely sustain an array of feminist styles and theories of reading; revealing and re-appropriating the plural space of legal interpretation, they seek to open a hitherto unexplored arena for a feminist politics of law. Feminist Encounters with Legal Philosophy is a thoroughly researched interdisciplinary collection that will interest students and scholars of Law, Philosophy, and Feminism.