Arguing about Law

An Introduction to Legal Philosophy

Author: Andrew Altman

Publisher: Wadsworth Publishing Company

ISBN: 9780534543525

Category: Law

Page: 319

View: 341

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.

Arguing About Law

Author: Aileen Kavanagh,John Oberdiek

Publisher: Routledge

ISBN: 1135029148

Category: Law

Page: 632

View: 3107

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.

Targeted Killings

Law and Morality in an Asymmetrical World

Author: Claire Finkelstein,Jens David Ohlin,Andrew Altman

Publisher: OUP Oxford

ISBN: 0191625906

Category: Law

Page: 520

View: 4138

The war on terror is remaking conventional warfare. The protracted battle against a non-state organization, the demise of the confinement of hostilities to an identifiable battlefield, the extensive involvement of civilian combatants, and the development of new and more precise military technologies have all conspired to require a rethinking of the law and morality of war. Just war theory, as traditionally articulated, seems ill-suited to justify many of the practices of the war on terror. The raid against Osama Bin Laden's Pakistani compound was the highest profile example of this strategy, but the issues raised by this technique cast a far broader net: every week the U.S. military and CIA launch remotely piloted drones to track suspected terrorists in hopes of launching a missile strike against them. In addition to the public condemnation that these attacks have generated in some countries, the legal and moral basis for the use of this technique is problematic. Is the U.S. government correct that nations attacked by terrorists have the right to respond in self-defense by targeting specific terrorists for summary killing? Is there a limit to who can legitimately be placed on the list? There is also widespread disagreement about whether suspected terrorists should be considered combatants subject to the risk of lawful killing under the laws of war or civilians protected by international humanitarian law. Complicating the moral and legal calculus is the fact that innocent bystanders are often killed or injured in these attacks. This book addresses these issues. Featuring chapters by an unrivalled set of experts, it discusses all aspects of targeted killing, making it unmissable reading for anyone interested in the implications of this practice.

What Makes Law

An Introduction to the Philosophy of Law

Author: Liam Murphy

Publisher: Cambridge University Press

ISBN: 0521834279

Category: Law

Page: 222

View: 371

This advanced introduction to central questions in legal philosophy attempts to breathe new life into stalled research.

A Liberal Theory of International Justice

Author: Andrew Altman,Christopher Heath Wellman

Publisher: OUP Oxford

ISBN: 0191619779

Category: Political Science

Page: 256

View: 3227

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.

Understanding Jurisprudence

An Introduction to Legal Theory

Author: Raymond Wacks

Publisher: Oxford University Press, USA

ISBN: 9780199532124

Category: Law

Page: 392

View: 2845

The concept of law lies at the very heart of social and political life. Universal principles like justice, rights, and morality can not be fully understood without us thinking about the role that law plays and the purpose behind our legal systems and institutions. Understanding Jurisprudenceopens up these challenging concepts to provide an engaging introduction to legal theory. The book guides the reader through the intriguing nature of jurisprudence and explores the central ideas and theories that continue to be hotly debated to this day.An experienced teacher of jurisprudence and distinguished writer in the field, Raymond Wacks adopts an approach that is easy to follow and understand without avoiding any of the complexities and subtleties of the subject. Students of law, politics, philosophy, and other social sciences will findthis an ideal starting point in their study of legal theory.Online Resource CentreAn online resource centre provides:Web links to useful sitesQuestions and answersFurther reading, including links to journal articlesBroader discussion of issues raised in the textAnalysis of current controversies of a jurisprudential nature such as news events and political debatesTwo additional chapters providing tips and advice on the study of jurisprudenceA glossary of terms

Philosophy of Law

An Introduction

Author: Mark Tebbit

Publisher: Psychology Press

ISBN: 9780415135252

Category: Law

Page: 196

View: 7826

Philosophy of Law: An Introductionprovides an ideal starting point to students of philosophy and law, assuming no prior knowledge of either subject. The book is structured around the key issues and themes: * What is the law? - the major legal theories including realism, positivism and natural law * the reach of the law - authority, rights, liberty, privacy and tolerance * criminal responsibility and punishment - legal defenses, crime, diminished responsibility and theories of punishment. The second edition expands the original focus on mainstream legal theory to look at contemporary critical perspectives such as feminist theories on pornography and freedom of speech, and Foucault's radical approach to criminal responsibility. The book has also been updated to include recent developments such as cases of conjoined twins, and the Human Rights Act. With study questions at the end of each chapter and a new conclusion assessing both traditional legal theory and the various critical perspectives, this is the ideal textbook for introducing students to the philosophy of law.

A Companion to Philosophy of Law and Legal Theory

Author: Dennis Patterson

Publisher: John Wiley & Sons

ISBN: 1444320122

Category: Law

Page: 704

View: 8477

The articles in this new edition of A Companion to Philosophy ofLaw and Legal Theory have been updated throughout, and theaddition of ten new articles ensures that the volume continues tooffer the most up-to-date coverage of current thinking inlegal philosophy. Represents the definitive handbook of philosophy of law andcontemporary legal theory, invaluable to anyone with an interest inlegal philosophy Now features ten entirely new articles, covering the areas ofrisk, regulatory theory, methodology, overcriminalization,intention, coercion, unjust enrichment, the rule of law, law andsociety, and Kantian legal philosophy Essays are written by an international team of leadingscholars

The Blackwell Guide to the Philosophy of Law and Legal Theory

Author: Martin P. Golding,William A. Edmundson

Publisher: John Wiley & Sons

ISBN: 0470779861

Category: Philosophy

Page: 368

View: 2764

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

The Ethics of War and Peace

An Introduction to Legal and Moral Issues

Author: Paul Christopher

Publisher: Prentice Hall

ISBN: N.A

Category: Philosophy

Page: 278

View: 2765

//--> 9238C-9, 0-13-092383-4, Christopher, Paul, The Ethics of War and Peace: An Introduction to Legal and Moral Issues, 3/E //--> This classic introduction to the ethics of war and peace explores the legal and moral issues of when and how to use force to achieve political objectives. The just war tradition, the legal position of war, moral issues in war, and professional and humanitarian obligations. Ethicists, military personnel, and political analysts.

Legality

Author: Scott Shapiro

Publisher: Harvard University Press

ISBN: 0674055667

Category: Law

Page: 472

View: 533

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.

An introduction to modern political theory

Author: Norman P. Barry

Publisher: N.A

ISBN: N.A

Category: Political Science

Page: 320

View: 9762

In the substantially revised fourth edition of this widely-used book, Norman Barry provides a comprehensive introduction to contemporary political theory including systematic coverage of the philosophical background to contemporary debates between liberals, conservatives, communitarians, socialists, and feminists.

The Oxford Handbook of Philosophy of Criminal Law

Author: John Deigh,David Dolinko

Publisher: Oxford University Press

ISBN: 0195314859

Category: Law

Page: 525

View: 3819

First work of its kind (i.e., a handbook of authoritative, original essays) in the philosophy of criminal law The book covers a wide variety of topics including criminalization of obscenity and hate speech, the insanity defense, pleas of self-defense by battered women, the death penalty, and clemency. This is the first comprehensive handbook in the philosophy of criminal law. It contains seventeen original essays by leading thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation, responsibility, justification and excuse, duress, provocation and self-defense, insanity, punishment, the death penalty, mercy, and preventive detention and other alternatives to punishment. It will be an invaluable resource for scholars and students whose research and studies concern philosophical issues in criminal law and criminal law theory. Readership: Philosophers who specialize in legal philosophy, moral philosophy, or political philosophy; Criminal Law theorists and scholars; Criminologists; and Philosophy graduate students with interests in moral, political or legal philosophy.

Introduction to jurisprudence and legal theory

commentary and materials

Author: Anne Barron

Publisher: Oxford University Press, USA

ISBN: N.A

Category: Law

Page: 1171

View: 4559

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.

An Introduction to Plato's Laws

Author: R. F. Stalley

Publisher: Hackett Publishing

ISBN: 9780915145843

Category: Philosophy

Page: 208

View: 8574

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.

An Introduction to Law and Regulation

Text and Materials

Author: Bronwen Morgan,Karen Yeung

Publisher: Cambridge University Press

ISBN: 1139461362

Category: Law

Page: N.A

View: 5156

In recent years, regulation has emerged as one of the most distinct and important fields of study in the social sciences, both for policy-makers and for scholars who require a theoretical framework that can be applied to any social sector. This timely textbook provides a conceptual map of the field and an accessible and critical introduction to the subject. Morgan and Yeung set out a diverse and stimulating selection of materials and give them context with a comprehensive and critical commentary. By adopting an interdisciplinary approach and emphasising the role of law in its broader social and political context, it will be an invaluable tool for the student coming to regulation for the first time. This clearly structured, academically rigorous title, with a contextualised perspective, is essential reading for all students of the subject.

Readings in the Philosophy of Law

Author: Jules L. Coleman

Publisher: Routledge

ISBN: 1135710503

Category: Philosophy

Page: 686

View: 8833

An extraordinary collection of the finest essays in the core areas of legal philosophy, Readings in Philosophy of Law is a perfect introduction to the breadth of issues covered in the philosophy of law. The essays are all classic papers chosen as much for their clarity of thought and comprehensiveness as for their distinctiveness and importance to the subject matters of legal philosophy. This collection is ideal for the professional as well as the student, as it brings together classic essays that are not otherwise available in one volume. The reader sees each author's thoughts and arguments unfold naturally within the context of other important works. For breadth of contributions and intellectual rigor, Readings in Philosophy of Law is unrivalled.

Die Politik

Author: Aristoteles,Christian Garve

Publisher: N.A

ISBN: N.A

Category:

Page: N.A

View: 9800