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.
An Introduction to Legal Philosophy
Author: Andrew Altman
Publisher: Wadsworth Publishing Company
Arguing about Law introduces philosophy of law in an accessible and engaging way. The reader covers a wide range of topics, from general jurisprudence, law, the state and the individual, to topics in normative legal theory, as well as the theoretical foundations of public and private law. In addition to including many classics, Arguing About Law also includes both non-traditional selections and discussion of timely topical issues like the legal dimension of the war on terror. The editors provide lucid introductions to each section in which they give an overview of the debate and outline the arguments of the papers, helping the student get to grips with both the classic and core arguments and emerging debates in: the nature of law legality and morality the rule of law the duty to obey the law legal enforcement of sexual morality the nature of rights rights in an age of terror constitutional theory tort theory. Arguing About Law is an inventive and stimulating reader for students new to philosophy of law, legal theory and jurisprudence.
Author: Aileen Kavanagh,John Oberdiek
The controversy surrounding targeted killings represents a crisis of conscience for policymakers, lawyers, philosophers and leading military experts grappling with the moral and legal limits of the war on terror. The book examines the legal and philosophical issues raised by government efforts to target suspected terrorists without giving them the safeguards of a fair trial.
Law and Morality in an Asymmetrical World
Author: Claire Finkelstein,Jens David Ohlin,Andrew Altman
Publisher: Oxford University Press
This advanced introduction to central questions in legal philosophy attempts to breathe new life into stalled research.
An Introduction to the Philosophy of Law
Author: Liam Murphy
Publisher: Cambridge University Press
A Liberal Theory of International Justice advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal idea of an irreducibly collective right of self-governance. The individual and her rights are placed at center stage insofar as political states are judged legitimate if they adequately protect the human rights of their constituents and respect the rights of all others. Yet, the book argues that legitimate states have a moral right to self-determination and that this right is inherently collective, irreducible to the individual rights of the persons who constitute them. Exploring the implications of these ideas, the book addresses issues pertaining to democracy, secession, international criminal law, armed intervention, political assassination, global distributive justice, and immigration. A number of the positions taken in the book run against the grain of current academic opinion: there is no human right to democracy; separatist groups can be morally entitled to secede from legitimate states; the fact that it is a matter of brute luck whether one is born in a wealthy state or a poorer one does not mean that economic inequalities across states must be minimized or even kept within certain limits; most existing states have no right against armed intervention; and it is morally permissible for a legitimate state to exclude all would-be immigrants.
Author: Andrew Altman,Christopher Heath Wellman
Publisher: OUP Oxford
Category: Political Science
Written with students in mind, Professor Raymond Wacks brings legal theory to life through his lucid and entertaining style. The author has crafted a manageable guide, balancing concise introductions to the key theorists and core issues such as punishment and rights without ignoring thesubtleties of the subject. Seminal quotes from leading scholars are included to help students recognise the impact of their work, while extensive further reading suggestions at the end of each chapter invite students to explore the broad range of literature available on central topics. Each chapter concludes with a series ofcritical questions designed to encourage reader to think analytically about the law and the key debates which surround it. This book is accompanied by online resources which includes multiple-choice questions with instant feedback to give students the chance to test their understanding.
An Introduction to Legal Theory
Author: Raymond Wacks
Publisher: Oxford University Press
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.
Author: Mark Tebbit
Publisher: Taylor & Francis
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
Author: Martin P. Golding,William A. Edmundson
Publisher: John Wiley & Sons
The articles in this new edition of A Companion to Philosophy of Law and Legal Theory have been updated throughout, and the addition of ten new articles ensures that the volume continues to offer the most up-to-date coverage of current thinking in legal philosophy. Represents the definitive handbook of philosophy of law and contemporary legal theory, invaluable to anyone with an interest in legal philosophy Now features ten entirely new articles, covering the areas of risk, regulatory theory, methodology, overcriminalization, intention, coercion, unjust enrichment, the rule of law, law and society, and Kantian legal philosophy Essays are written by an international team of leading scholars
Author: Dennis Patterson
Publisher: John Wiley & Sons
This work presents, interprets, and largely defends the legal philosophy of H.L.A. Hart, except for his account of causation. Hart is considered by many persons to be the most important English writer on jurisprudence in the 20th century. The book considers his general theory of law, his theory of rights and of the enforcement of morality, and his analysis of the conditions of legal resposibility and the justification of punishment.
Author: M.E. Bayles,Michael D. Bayles
Publisher: Springer Science & Business Media
This classic introduction to the ethics of war and peace explores in depth the legal and moral issues of when and how to use force to achieve political objectives. A detailed overview and critical, philosophical analysis — written by a professional soldier with over 25 years of commissioned service — it surveys the historical development of just war reasoning, its incorporation into the international laws concerning when and how to wage war, and the specific shortcomings with existing laws and practices concerning the conduct of modern-day hostilities. Explores the often-conflicting moral and legal obligations that officers and soldiers have when ordered to fight in wars they believe to be unjust. Contains many recent examples — e.g., Gulf War, interventions in Bosnia, Haiti, Somalia. Addresses the moral and legal issues surrounding UN peacekeeping and peacemaking missions. Examines certain problematic aspects of the international laws of war and the just war tradition — e.g., obedience to superior orders, military necessity and reprisals. Shows that although many international laws currently in force are outdated (e.g., those prohibiting the use of barbed spears and glass bullets), the just war principles on which they are based can be used to formulate new laws more suitable to modern tactics and technology (e.g., flamethrowers and nerve agents). Highlights the influence of the Christian religion (both positive and negative) on the development of both the just war tradition and existing international law. For anyone interested in the ethics of war and peace.
An Introduction to Legal and Moral Issues
Author: Paul Christopher
Some would argue that scarcely a day passes without a new assault on our privacy. In the wake of the whistle-blower Edward Snowden's revelations about the extent of surveillance conducted by the security services in the United States, Britain, and elsewhere, concerns about individual privacy have significantly increased. The Internet generates risks, unimagined even twenty years ago, to the security and integrity of information in all its forms. The manner in which information is collected, stored, exchanged, and used has changed forever; and with it, the character of the threats to individual privacy. The scale of accessible private data generated by the phenomenal growth of blogs, social media, and other contrivances of our information age pose disturbing threats to our privacy. And the hunger for gossip continues to fuel sensationalist media that frequently degrade the notion of a private domain to which we reasonably lay claim. In the new edition of this Very Short Introduction, Raymond Wacks looks at all aspects of privacy to include numerous recent changes, and considers how this fundamental value might be reconciled with competing interests such as security and freedom of expression. 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: Raymond Wacks
Publisher: Oxford University Press, USA
This book is exceptional in the sense that it provides an introduction to law in general rather than the law of one specific jurisdiction, and it presents a unique way of looking at legal education. It is crucial for lawyers to be aware of the different ways in which societal problems can be solved and to be able to discuss the advantages and disadvantages of different legal solutions. In this respect, being a lawyer involves being able to reason like a lawyer, even more than having detailed knowledge of particular sets of rules. Introduction to Law reflects this view by focusing on the functions of rules and on ways of arguing the relative qualities of alternative legal solutions. Where ‘positive’ law is discussed, the emphasis is on the legal questions that must be addressed by a field of law and on the different solutions which have been adopted by, for instance, the common law and civil law tradition. The law of specific jurisdictions is discussed to illustrate possible answers to questions such as when the existence of a valid contract is assumed.
Author: Jaap Hage,Bram Akkermans
This book provides an accessible introduction to jurisprudence and legal theory. It sets out a course of study that offers a highly effective series of introductions into a wide variety of theories and theoretical perspectives, from traditional approaches such as Natural Law to modern onessuch as Feminist Theory, Economic Analysis of Law and Foucault and Law, _ The book is designed for students of jurisprudence and legal theory, but it will also assist those studying law and legal systems within courses on Political Science, Philosophy and Sociology.
commentary and materials
Author: Anne Barron
Publisher: Oxford University Press, USA
This clear and systematic introduction to the philosophy of law attempts to answer some important questions about the nature of law and its relationship to social norms and moral standards.
Author: David Lyons
Publisher: Cambridge University Press
Legality is a profound work in analytical jurisprudence, the branch of legal philosophy which deals with metaphysical questions about the law. In the twentieth century, there have been two major approaches to the nature of law. The first and most prominent is legal positivism, which draws a sharp distinction between law as it is and law as it might be or ought to be. The second are theories that view law as embedded in a moral framework. Scott Shapiro is a positivist, but one who tries to bridge the differences between the two approaches. In Legality, he shows how law can be thought of as a set of plans to achieve complex human goals. His new “planning” theory of law is a way to solve the “possibility problem”, which is the problem of how law can be authoritative without referring to higher laws.
Author: Scott Shapiro
Publisher: Harvard University Press
This is a terrific book for people who want to get a basic understanding of how the legal system operates. In simple language, Professor D'Amato explains & applies some of the deepest ideas of law to everyday legal problems & issues. By showing how lawyers & judges think about legal issues in our society, D'Amato dissolves a lot of the mystique surrounding the legal system. This is also a fine book for courses in judicial & legal process. My students tell me that this is one of the most readable books they have ever been assigned in college. Alan Sager, University of Texas at Austin In Anthony D'Amato's writing, two passions merge: law & language. His eloquence -& hence the sheer readability of his writing -is virtually a byword among teachers & students alike. This "introduction to law" is far from basic in its coverage, yet it never becomes mired in tedious detail or lost in impenetrable fog. It is perhaps the only reader-friendly book available today that truly clarifies the deep & basic concepts of law in general, & American law in particular. It does not simply introduce the concepts; rather, it is an introduction to thinking about the concepts.
Author: Anthony A. D'Amato
Publisher: Transnational Pub Inc
Reading the Republic without reference to the less familiar Laws can lead to a distorted view of Plato's political theory. In the Republic the philosopher describes his ideal city; in his last and longest work he deals with the more detailed considerations involved in setting up a second-best 'practical utopia.' The relative neglect of the Laws has stemmed largely from the obscurity of its style and the apparent chaos of its organization so that, although good translations now exist, students of philosophy and political science still find the text inaccessible. This first full-length philosophical introduction to the Laws will therefore prove invaluable. The opening chapters describe the general character of the dialogue and set it in the context of Plato's political philosophy as a whole. Each of the remaining chapters deals with a single topic, ranging over material scattered through the text and so drawing together the threads of the argument in a stimulating and readily comprehensible way. Those topics include education, punishment, responsibility, religion, virtue and pleasure as well as political matters and law itself. Throughout, the author encourages the reader to think critically about Plato's ideas and to see their relevance to present-day philosophical debate. No knowledge of Greek is required and only a limited background in philosophy. Although aimed primarily at students, the book will also be of interest to more advanced readers since it provides for the first time a philosophical, as opposed to linguistic or historical, commentary on the Laws in English.
Author: R. F. Stalley
Publisher: Hackett Publishing