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1 — 50 / 238
  1. Richard N. Bronaugh (ed.) (1978). Philosophical Law: Authority, Equality, Adjudication, Privacy. Greenwood Press.
  2. H. McCoubrey (1999). Textbook on Jurisprudence. Oxford University Press.
    Students of jurisprudence often approach this complex subject with a sense fo fear. This book provides a clear user friendly analysis of the major theories and controversies of jurisprudence. Whilst the subject is presented in sufficient detail for the student to gain an accurate understanding, they will not be left feeling confused and bewildered. The book starts by examining the nature of jurisprudence, then goes on to outline the content, implications and problems of the major legal theories. This third edition (...)
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  3. H. L. A. Hart (1994). The Concept of Law. Oxford University Press.
    The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher (...)
  4. Robert S. Summers (1971). More Essays in Legal Philosophy. Berkeley,University of California Press.
    Notes on Criticism in Legal Philosophy ROBERT S. SUMMERS I. INTRODUCTION Legal philosophers criticize and evaluate as well as originate and expound. ...
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  5. Eric Rakowski (1991). Equal Justice. Oxford University Press.
    The core of this book is a novel theory of distributive justice premised on the fundamental moral equality of persons. In the light of this theory, Rakowski considers three types of problems which urgently require solutions-- the distribution of resources, property rights, and the saving of life--and provides challenging and unconventional answers. Further, he criticizes the economic analysis of law as a normative theory, and develops an alternative account of tort and property law.
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  6. Daniel N. Robinson (1996). Wild Beasts and Idle Humours: The Insanity Defense From Antiquity to the Present. Harvard Univ. Press.
    "An American psychologist, Daniel N. Robinson, traces the development of the insanity plea...[He offers] an assured historical survey." Roy Porter, The Times [UK] "Wild Beasts and Idle Humours is truly unique. It synthesizes material that I do not believe has ever been considered in this context, and links up the historical past with contemporaneous values and politics. Robinson effortlessly weaves religious history, literary history, medical history, and political history, and demonstrates how the insanity defense cannot be fully understood without consideration (...)
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  7. Allen E. Buchanan (2004). Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law. Oxford University Press.
    This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace among states, (...)
  8. Henrik Palmer Olsen (1999). Law in its Own Right. Hart Pub..
    Olsen and Toddington argue that equivocation on the central issue here - that of obligation - has brought legal theory to the point where leading legal ...
  9. John Gibbons (ed.) (1994). Language and the Law. Longman.
  10. Gerald J. Postema (ed.) (2001). Philosophy and the Law of Torts. Cambridge University Press.
    When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examine the philosophical foundations of tort law. Amongst the questions they address are the following: how are the notions at the core of tort practice (such as responsibility, fault, negligence, due (...)
  11. Alfred P. Rubin (1997). Ethics and Authority in International Law. Cambridge University Press.
    The specialised vocabularies of lawyers, ethicists, and political scientists obscure the roots of many real disagreements. In this book, the distinguished American international lawyer Alfred Rubin provides a penetrating account of where these roots lie, and argues powerfully that disagreements which have existed for 3,000 years are unlikely to be resolved soon. Current attempts to make 'war crimes' or 'terrorism' criminal under international law seem doomed to fail for the same reasons that attempts failed in the early nineteenth century to (...)
  12. Stephen Shute, John Gardner & Jeremy Horder (eds.) (1993). Action and Value in Criminal Law. Oxford University Press.
    In this challenging collection of new essays, leading philosophers and criminal lawyers from the United States, the United Kingdom, and Canada break with the tradition of treating the philosophical foundations of criminal law as an adjunct to the study of punishment. Focusing clearly on the central issues of moral luck, mistake, and mental illness, this volume aims to reorient the study of criminal law. In the process of retrieving valuable material from traditional law classifications, the contributors break down false associations, (...)
  13. S. C. Coval (1986). Law and its Presuppositions: Actions, Agents, and Rules. Routledge & K. Paul.
    I THE CONCEPT OF ACTION Among the most basic of legal concepts of concern to the practitioners of law at all levels we find those of defence, culpability, ...
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  14. Lawrence Meir Friedman (1990). The Republic of Choice: Law, Authority, and Culture. Harvard University Press.
    Loose, unconnected, free-floating, mobile: this is the modern individual, at least in comparison with the immediate past.
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  15. Daniel A. Farber (1997). Beyond All Reason: The Radical Assault on Truth in American Law. Oxford University Press.
    Would you want to be operated on by a surgeon trained at a medical school that did not evaluate its students? Would you want to fly in a plane designed by people convinced that the laws of physics are socially constructed? Would you want to be tried by a legal system indifferent to the distinction between fact and fiction? These questions may seem absurd, but there are theories being seriously advanced by radical multiculturalists that force us to ask such questions. (...)
  16. M. J. Detmold (1984). The Unity of Law and Morality: A Refutation of Legal Positivism. Routledge & Kegan Paul.
    I REASONS FOR ACTION.i Practical thought is concerned with action. Reasons for action are sometimes thought to be either conditional (conditional upon some ...
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  17. Raymond Wacks (2009). Understanding Jurisprudence: An Introduction to Legal Theory. Oxford University Press.
    What is law? Does it have a purpose? What is its relationship with justice? Do we have a moral duty to obey the law? These sorts of questions lie at the heart of jurisprudence. Moreover, every substantive or 'black letter' branch of the law raises questions about its own meaning and function. The law of contract cannot be properly understood without an appreciation of the concepts of rights and duties. The law of tort is directly related to several economic theories (...)
  18. Jeremy Bentham (2009). The Rationale of Punishment. Prometheus Books.
    Definitions and distinctions -- Classification -- Of the ends of punishment -- Cases unmeet for punishment -- Expense of punishment -- Measure of punishment -- Of the properties to be given to a lot of punishment -- Of analogy between crimes and punishment -- Of retaliation -- Popularity -- Simple afflictive punishments -- Of complex afflictive punishments -- Of restrictive punishments--territorial confinement -- Imprisonment -- Imprisonment--fees -- Imprisonment examined -- General scheme of imprisonment -- Of other species of territorial confinement--quasi-imprisonment--relegation--banishment (...)
  19. Margaret Davies (1996). Delimiting the Law: 'Postmodernism' and the Politics of Law. Pluto Press.
  20. Nicola Lacey (1994). State Punishment. Routledge.
    Nicola Lacey presents a new approach to the question of the moral justification of punishment by the State. She focuses on the theory of punishments in context of other political questions, such as the nature of political obligation and the function and scope of criminal law. Arguing that no convincing set of justifying reasons has so far been produced, she puts forward a theory of punishments which places the values of the community at its centre.
  21. Ruth Austin Miller (2009). Law in Crisis: The Ecstatic Subject of Natural Disaster. Stanford University Press.
    Law in Crisis is an unsettling history of natural disaster and political subject formation in the modern world.
  22. Margaret Gilbert (2006). A Theory of Political Obligation: Membership, Commitment, and the Bonds of Society. Oup Oxford.
    Margaret Gilbert offers an incisive new approach to a classic problem of political philosophy: when and why should I do what the law tells me to do? Do I have special obligations to conform to the laws of my own country and if so, why? In what sense, if any, must I fight in wars in which my country is engaged, if ordered to do so, or suffer the penalty for law-breaking the law imposes - including the death penalty? Gilbert's (...)
  23. Thomas Morawetz (ed.) (1991). Criminal Law. New York University Press.
    This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.
  24. Roberto Mangabeira Unger (1986). The Critical Legal Studies Movement. Harvard University Press.
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  25. Jane C. Ginsburg (2004). Introduction to Law and Legal Reasoning. Thomson/West.
  26. Julie C. Inness (1996). Privacy, Intimacy, and Isolation. Oup Usa.
    This book undermines privacy scepticism, proving a strong theoretical foundation for many of our everyday and legal privacy claims. Inness argues that intimacy is the core of privacy, including privacy appeals in tort and constitutional law. She explores the myriad of debates and puts forth an intimacy and control-based account of privacy which escapes these criticisms.
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  27. Patricia Smith (ed.) (1993). The Nature and Process of Law: An Introduction to Legal Philosophy. Oxford University Press.
    Unlike other works in philosophy of law, which focus on the nature of law in the abstract, this comprehensive anthology presents law as a "process," part and parcel of a system of government and defined constitutional procedures. Using the U.S. legal system as a model, it establishes the basis of law in political theory, then presents substantive issues in private and public law, illustrated throughout with important political documents and court cases and stimulating readings in history, law, and philosophy. The (...)
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  28. David W. Meyers (1990). The Human Body and the Law. Stanford University Press.
    Mother and Fetus: Rights in Conflict A. INTRODUCTION After fertilization of the female egg (ovum) with male sperm the resulting zygote may implant ...
  29. Stephen Guest (1991). Ronald Dworkin. Stanford University Press.
    This is a lucid and comprehensive introduction to, and critical assessment of, Ronald Dworkin's seminal contributions to legal and political philosophy. His theories have a complexity, originality, and moral power that have excited a wide range of academic and political thinkers, and even those who disagree with him acknowledge that his ideas must be confronted and given serious consideration. His enormous output of books and papers and his formidable profusion of lectures and seminars throughout the world, in addition to his (...)
  30. Martin P. Golding (1975/1974). Philosophy of Law. Englewood Cliffs, N.J.,Prentice-Hall.
  31. Peter Morton (1998). An Institutional Theory of Law: Keeping Law in its Place. Oxford University Press.
    Peter Morton provides in these pages a fundamental critique of the assumptions of positivist jurisprudence and also puts forth an attack on the foundationalism of contemporary legal philosophy. His prime concern is to distinguish between the different fields of law--penal, civil, and public--taking as his starting point a careful analysis of those institutions in a democracy wherein legal language and norms are in fact generated. Offering an original, coherent, and systematic exposition of law in today's society, Morton sheds new light (...)
  32. Douglas N. Walton (2008). Witness Testimony Evidence: Argumentation, Artificial Intelligence, and Law. Cambridge University Press.
    Recent work in artificial intelligence has increasingly turned to argumentation as a rich, interdisciplinary area of research that can provide new methods related to evidence and reasoning in the area of law. Douglas Walton provides an introduction to basic concepts, tools and methods in argumentation theory and artificial intelligence as applied to the analysis and evaluation of witness testimony. He shows how witness testimony is by its nature inherently fallible and sometimes subject to disastrous failures. At the same time such (...)
  33. Kent Greenawalt (1987). Conflicts of Law and Morality. Oxford University Press.
    Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. This objective book views these oblique circumstances from two perspectives: that of the person who faces a possible conflict between the claims of morality and law and must choose whether or not (...)
  34. Dennis M. Patterson (1996). Law and Truth. Oxford University Press.
    Are propositions of law true or false? If so, what does it mean to say that propositions of law are true and false? This book takes up these questions in the context of the wider philosophical debate over realism and anti-realism. Despite surface differences, Patterson argues that the leading contemporary jurisprudential theories all embrace a flawed conception of the nature of truth in law. Instead of locating that in virtue of which propositions of law are true, Patterson argues that lawyers (...)
  35. David Lyons (1971/1993). Moral Aspects of Legal Theory: Essays on Law, Justice, and Political Responsibility. Cambridge University Press.
    David Lyons is one of the preeminent philosophers of law active in the United States. This volume comprises essays written over a period of twenty years in which Professor Lyons outlines his fundamental views about the nature of law and its relation to morality and justice. The underlying theme of the book is that a system of law has only a tenuous connection with morality and justice. Contrary to those legal theorists who maintain that no matter how bad the law (...)
  36. Ernest Bruncken & Layton B. Register (eds.) (1917/1969). Science of Legal Method. New York,A. M. Kelley.
    The problem of the judge: judicial freedom of decision, its necessity and method, by F. Gény.--Judicial freedom of decision, its principles and objects, by E. Ehrlich.--Dialecticism and technicality; the need of sociological method, by J. G. Gmelin.--Equity and law, by G. Kiss.--The perils of emotionalism, by F. Berolzheimer.--Judicial interpretation of enacted law, by J. Kohler.--Courts and legislation, by R. Pound.--The operation of the judicial function in English law, by H. B. Gerland.--Codified law and case-law, by É. Lambert.--Methods of juridical thinking, (...)
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  37. Matthew H. Kramer (1999). In Defense of Legal Positivism: Law Without Trimmings. Oxford University Press.
    This book is an uncompromising defense of legal positivism that insists on the separability of law and morality. After distinguishing among three facets of morality, Kramer explores a variety of ways in which law has been perceived as integrally connected to each of those facets. The book concludes with a detailed discussion of the obligation to obey the law--a discussion that highlights the strengths of legal positivism in the domain of political philosophy as much as in the domain of jurisprudence.
  38. Wade Mansell (2004). A Critical Introduction to Law. Cavendish Pub..
    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 globalised and capitalist world. The clarity of the arguments is admirably suited to provoking discussions of the role of law in our contemporary world. The third edition provides contemporary examples (...)
  39. Jeffrie G. Murphy (1990). Philosophy of Law: An Introduction to Jurisprudence. Westview Press.
    In this revised edition, two distinguished philosophers have extended and strengthened the most authoritative text available on the philosophy of law and jurisprudence. While retaining their comprehensive coverage of classical and modern theory, Murphy and Coleman have added new discussions of the Critical Legal Studies movement and feminist jurisprudence, and they have strengthened their treatment of natural law theory, criminalization, and the law of torts. The chapter on law and economics remains the best short introduction to that difficult, controversial, and (...)
  40. Robert S. Summers (1968). Essays in Legal Philosophy. Berkeley, University of California.
    Introduction Ihe name of George Lewis first became known to me when I began to listen to traditional jazz bands, primarily Ken Colyer's, in England in the ...
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  41. Michael Singer (2005). The Legacy of Positivism. Palgrave Macmillan.
    This book gives a unique historical and interpretive analysis of a widely pervasive mode of thought that it describes as the legacy of positivism. Viewing Auguste Comte as a pivotal figure, it charts the historical origins of his positivism and follows its later development through John Stuart Mill and Emile Littre. It shows how epistemological shifts in positivism influenced parallel developments in the human and legal sciences, and thereby treats legal positivism and positivism as it is understood in the human (...)
  42. Mark van Hoecke (2002). Law as Communication. Hart.
  43. Terence Daintith & Gunther Teubner (eds.) (1986). Contract and Organisation: Legal Analysis in the Light of Economic and Social Theory. W. De Gruyter.
    Sociological Jurisprudence and Legal Economics: Risks and Rewards Terence Daintith gunther teubner Firenze Introduction Contract and Organisation - these ...
  44. Heidi M. Hurd (1999). Moral Combat. Cambridge University Press.
    This book explores the thesis that legal roles force people to engage in moral combat, an idea which is implicit in the assumption that citizens may be morally required to disobey unjust laws, while judges may be morally required to punish citizens for civil disobedience. Heidi Hurd advances the surprising argument that the law cannot require us to do what morality forbids. The 'role-relative' understanding of morality is shown to be incompatible with both consequentialist and deontological moral philosophies. In the (...)
  45. Jefferson White (ed.) (1999). Introduction to the Philosophy of Law: Readings and Cases. Oxford University Press.
    Introduction to the Philosophy of Law: Readings and Cases employs a combination of case-based and theory-based materials to show novices in the field how the philosophy of law is related to concrete and actual legal practice. Ideal for undergraduates, it engages their curiosity about the law without sacrificing philosophical content. The authors emphasize a command of legal concepts and doctrine as a prelude to philosophical analysis. Designed to acquaint students with the fundamentals of jurisprudence and legal theory, Part I of (...)
  46. Theodore M. Benditt (1978). Law as Rule and Principle: Problems of Legal Philosophy. Stanford University Press.
    Legal Realism Judges ascertain and apply the law. This is what almost everyone would suppose, and legal writers as far apart in their views of law as Sir ...
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  47. A. W. B. Simpson (ed.) (1973). Oxford Essays in Jurisprudence, Second Series. Oxford,Clarendon Press.
    These essays deal with central and controversial issues in jurisprudence. This volume emphasizes legal theory, and the collection will be of interest to students of and others involved with political philosophy as well as law students and philosophers.
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  48. Avigail Eisenberg (2009). Reasons of Identity: A Normative Guide to the Political and Legal Assessment of Identity Claims. Oup Oxford.
    This book examines several key approaches used by courts and legislatures to assess the claims made by minorities for protection of some aspect of their identities such as a cultural or religious practice.
  49. S. Prakash Sinha (1993). Jurisprudence, Legal Philosophy, in a Nutshell. West Pub. Co..
  50. Joseph Keim Campbell, Michael O'Rourke & David Shier (eds.) (2005). Law and Social Justice. Mit Press.
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