Philosophy of Law by
Organised around key themes, Philosophy of Law helps students new to the subject get to grips with the competing schools of thought in Jurisprudence. Exploring a full range of perspectives from natural law theorists and positivists to contemporary Critical Legal Studies, this text covers such topics as- -The elements of modern legal systems - including institutions, actors and procedures -Core concepts such as coercion, justice, rules and authority -Private and public law - from tort, contract and property to criminal and international law -Law and the individual - theories of duty to the law and civil disobedience -Sources of law, constitutions and judicial review In addition, case studies such as the contested American Presidential election of 2000, intellectual property rights in the digital age and debates over religious freedom help students ground abstract philosophical debates in real-world problems. Each chapter also features essay questions, key terms boxes and guides to further reading and online resources to help readers master the topics covered.
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Limiting Leviathan by
Thomas Hobbes wrote extensively about law and was strongly influenced by developments and debates among lawyers of his day; he is considered by many commentators to be one of the first legal positivists. Yet there is no book in English that focuses on Hobbes's legal philosophy. Larry May seeks to fill the gap in the literature by addressing Hobbes's legal philosophy directly, and comparing Leviathan to the Dialogue, as he offers a newinterpretation of Hobbes's views about the connections among law, politics, and morality. He argues that Hobbes is much more amenable to moral, and even legal, limits on the law than he is often portrayed, and shows that Hobbes'sviews can provide a solid grounding for the rules of war and international relations.
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Reading HLA Hart's 'the Concept of Law' by
More than 50 years after it was first published, The Concept of Law remains the most important work of legal philosophy in the English-speaking world. In this volume, written for both students and specialists, 13 leading scholars look afresh at Hart's great book.Unique in format, the volume proceeds sequentially through all the main ideas in The Concept of Law: each contributor addresses a single chapter of Hart's book, critically discussing its arguments in light of subsequent developments in the field. Four concluding essays assess the continued relevance for jurisprudence of the 'persistent questions' identified by Hart at the beginning of The Concept of Law. The collection also includes Hart's 'Answers to Eight Questions', written in 1988 and never before published in English.Contributors include Timothy Endicott, Richard HS Tur, Pavlos Eleftheriadis, John Gardner, Grant Lamond, Nicos Stavropoulos, Leslie Green, John Tasioulas, Jeremy Waldron, John Finnis, Frederick Schauer, Pierluigi Chiassoni and Nicola Lacey.
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The nature of law : philosophical issues in conceptual jurisprudence and legal theory by
This is the most up-to-date comprehensive survey of the best work in analytic jurisprudence from Austin to the present, including contributions from the latest generation's brightest legal theorists. It begins with the earliest writings in natural law theory and positivism, tracing the history of the debate through the Hart-Fuller and Hart-Dworkin disputes to the current debates. The last third of the volume is devoted to the most influential papers on the hottest contemporary issues.The approach is analytic and hands-on. It seeks to motivate interest in foundational questions of law while simultaneously developing the skills the aspiring lawyer must have to succeed in the practice of law. To develop the student's ability to theorize on questions in analytic jurisprudence by providing a firm historical foundation before immersing her in the contemporary debates, where she will participate in the conversation. The book improves on existing text offerings in a number of respect
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The Philosophy of Law and Legal Theory by
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
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Arguing about Law by
Using the rule of law as its main theme, this text shows how abstract questions and concepts of legal philosophy are connected to concrete legal, political, and social issues. The text addresses several modern controversies and challenges students to consider both sides of an argument, using sound, reasoned thinking.
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Hart's Postscript by
The Postscript to The Concept of Law contains Herbert Hart's only sustained and considered response to the objections pressed against his views by his distinguished critic, Ronald Dworkin. In this extraordinary collection, many of the leading legal philosophers in the world evaluate the success of Hart's responses to Dworkin on several of these counts. Notable contributors include Joseph Raz of Oxford and Jules L. Coleman of the Yale Law School.
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Essays in Jurisprudence and Philosophy by
This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.
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Economic Analysis of Law by
Economic Analysis of Law, Eighth Edition, written by the pioneer in law and economics analysis, Richard A. Posner, remains the classic text in its field. This lucid, comprehensive casebook covers every aspect of the economic analysis of the law, including the common law, public regulation of the market, business organizations and financial markets, the distribution of income and wealth, the legal process, and the Constitution and the federal system. The Eighth Edition has been substantially revised to take into account current events, including the continuing economic crisis, the re-emerging field of organization economics, and recent work by the author and others on judicial behavior. The this preeminent casebook continues to offer Coverage of the legal-economic perspective on all key areas, from common law to the constitution. Accessible, lucid, and user-friendly writing and organization: Non-quantitative approach does not assume or require prior knowledge of economics or mathematics Part and chapter organization are based on legal, not economic, concepts End-of-chapter sections reinforce and extend learning with problems and suggested further readings. The Eighth Edition has been updated and revised to reflect current economic realities: The continuing economic crisis, which began in September 2008, has led to a reexamination of some of the tenets of economics manifested in previous editions. These changes are found primarily in the following chapters: Chapter 1, The Nature of Economic Reasoning Chapter 13, The Choice Between Regulation and Common Law Chapter 14, Corporations, Secured and Unsecured Financing, Bankruptcy Chapter 15, Financial Markets In Chapter 14, Corporations, Secured and Unsecured Financing, Bankruptcy, changes have been incorporated based on the re-emerging field of organization economics. Substantial changes to reflect recent work by the author and others on judicial behavior are evident in Chapter 19, The Market, the Adversary System, and the Legislative Process as Methods of Resource Allocation. Significant changes have also been made in the following chapters: Chapter 3, Property Chapter 4, Contract Rights and Remedies Chapter 17, Taxation Chapter 21, Civil and Criminal Procedure
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Law and Sociology by
Law and Sociology contains a broad range of essays by scholars interested in the interactions between law and sociology. In common with earlier volumes in the Current Legal Issues series, it seeks both a theoretical and methodological focus. The volume includes amongst other topics, a sociology of jurisprudence, an examination of the social dynamics of regulatory interactions, and a consideration of the place of legal culture in the sociology of law.
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Psychology and Law by
This book provides a comprehensive, up-to-date discussion of contemporary debates at the interface between psychology and criminal law. The topics surveyed include critiques of eyewitness testimony; the jury; sentencing as a human process; the psychologist as expert witness; persuasion in the courtroom; detecting deception; and psychology and the police. Kapardis draws on sources from Europe, North America and Australia to provide an expert investigation of the subjectivity and human fallibility inherent in our system of justice. He also provides suggestions for minimising undesirable influences on crucial judicial decision-making. International in its scope and broad-ranging in its research, this book is the authoritative work on psycho-legal enquiry for students and professionals in psychology, law, criminology, social work and law enforcement.
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Law and Literature by
This edition continues to emphasize the essential social functions of legal and literary texts, but it also explores areas of mutual illumination and expands its range. It includes topics such as popular fiction about law, literary education for lawyers, the legal narrative, and judicial biography.
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Plato's Laws by
Readers of Plato have often neglected the Laws because of its length and density. In this set of interpretive essays, notable scholars of the Laws from the fields of classics, history, philosophy, and political science offer a collective close reading of the dialogue "book by book" and reflect on the work as a whole. In their introduction, editors Gregory Recco and Eric Sanday explore the connections among the essays and the dramatic and productive exchanges between the contributors. This volume fills a major gap in studies on Plato's dialogues by addressing the cultural and historical context of the Laws and highlighting their importance to contemporary scholarship.
Critical Jurisprudence by
Provocative, engaging and insightful, Critical Jurisprudence challenges the reader to question dominant readings of the law, tracing a tradition of critical thought that has always haunted the orthodoxy. This work departs from the usual debates that dominate jurisprudence. Its key thesis is that the entire jurisprudential tradition needs to be re-assessed. The book offers an exploration of the work of philosophers and social and political theorists whose work has not traditionally been seen as jurisprudential. Offering an introduction and interpretation of thought that has been criticized or dismissed as obscure, the book argues that law has always been at the heart of philosophy and social theory, but that it is necessary to expand the jurisprudential canon; to take the subject out of its self imposed ghetto, and to open dialogues between traditions seen as irreconcilable. This allows a radical rethinking of the nature of rights, justice, sovereignty and other foundational concepts. The law's complicity with political oppression, violence and racism has to be faced before it is possible to speak of a new beginning for legal thought, which in turn is the necessary precondition for a theory of justice.
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Lawyers' Ethics and the Pursuit of Social Justice by
Legal ethics should be far more than a set of rules on professional responsibility; they can serve as a means for changing power relations, empowering the disenfranchised, and advocating progressive social change. Lawyers' Ethics and the Pursuit of Social Justice broadens the discussion on legal ethics by first introducing the historical and theoretical background and then connecting it to real world issues while addressing lawyers' ethical obligations to work for social justice. The reader features differing critical approaches and opens up new avenues of ethical debate. While the literature included is diverse and interdisciplinary, it shares a vision of legal ethical inquiry as a means for changing power relations, empowering the disenfranchised, and advocating progressive social change. Through a combination of provocative selections, lively writing, concrete examples of cases and social movements, and incisive editorial commentary, Lawyers 'Ethics and the Pursuit of Social Justice defines the emergence of an exciting new field of critical legal ethics scholarship.
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A Critical Introduction to Law by
This book challenges the usual introductions to the study of law. It argues that law is inherently political and reflects the interests of the few even while presenting itself as neutral. It considers law as ideology and as politics, and critically assesses its contribution to the creation and maintenance of a globalized and capitalist world. The clarity of the arguments are admirably suited to provoking discussions of the role of law in our contemporary world. This third edition provides contemporary examples to sustain the arguments in their relevance to the twenty-first century. The book includes an analysis of the common sense of law; the use of anthropological examples to gain external perspectives of our use and understanding of law; a consideration of central legal concepts, such as order, rules, property, dispute resolution, legitimation and the rule of law; an examination of the role of law in women's subordination and finally a critique of the effect of our understanding of law upon the wider world. This book is ideal for undergraduate and postgraduate students reading law.
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Legal Studies As Cultural Studies by
Essays by noted theorists such as Drucilla Cornell, Nancy Fraser, Peter Goodrich, and Gayatri Spivak provide a bridge between critical cultural studies in the humanities and the Critical Legal Studies movement demonstrating the transdisciplinary nature of both fields.
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Critical Legal Studies by
The critical legal studies movement involves a group of scholars who have political views ranging from disaffected liberalism to committed marxism to utopian anarchism. This movement in the field of jurisprudence has arisen aver the past ten years and hopes to influence a radical change in what they view as liberal orthodox legal theory. Topics of discussion include the intellectual foundations of the CLS movement, its principles and aims, its critique of the legal doctrine and ideas for change.
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Critical Legal Studies by This link opens in a new window  This work is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License. |