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1 — 50 / 219
  1. 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 (...)
  2. 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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  3. 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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  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. 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 (...)
  6. Wilfrid E. Rumble (1985). The Thought of John Austin: Jurisprudence, Colonial Reform, and the British Constitution. Athlone Press.
  7. William Wilson (2002). Central Issues in Criminal Theory. Hart Pub..
    Informed by this premise the book explores some of the key questions in criminal theory, addressing first the ethics of criminalisation and punishment.
  8. Albert Breton & M. J. Trebilcock (eds.) (2006). Bijuralism: An Economic Approach. Ashgate Pub. Company.
    Bijural services as factors of production -- Commentary A on Breton and Salmon -- Commentary B on Breton and Salmon -- The challenge of incomplete law and how different legal systems respond -- Commentary C on Pistor and Xu -- Commentary D on Pistor and Xu -- Coevolution as an influence in the development of legal systems -- Commentary E on Breton and Des Ormeaux -- Commentary F on Breton and Des Ormeaux -- The demand for bijurally trained Canadian lawyers (...)
  9. 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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  10. 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 ...
  11. G. W. Paton (1972). A Textbook of Jurisprudence. Oxford,Clarendon Press.
    This new edition of a standard reference of jurisprudence has been fully revised. Many recent developments which touch on the relationship of laws to morals--homosexuality, obscenity, suicide, and abortion--are discussed, together with controversial economic aspects of modern legislation on such as topics as restrictive trade practices and trade unions.
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  12. 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 ...
  13. Robert S. Summers (2006). Form and Function in a Legal System: A General Study. Cambridge University Press.
    This book addresses three major questions about law and legal systems: (1) What are the defining and organizing forms of legal institutions, legal rules, interpretive methodologies, and other legal phenomena? (2) How does frontal and systematic focus on these forms advance understanding of such phenomena? (3) What credit should the functions of forms have when such phenomena serve policy and related purposes, rule of law values, and fundamental political values such as democracy, liberty, and justice? This is the first book (...)
  14. James Boyle (ed.) (1992). Critical Legal Studies. New York University Press.
    This volume surveys the current state of the critical Legal Studies movement- a fifteen year old initiative whose proponents are committed to building a strong progrsseve community inside law schools and the legal profession. In his introduciton, Boyle argues that CLS has succeeded because it analyzes the inadequacies of rights talk, technocracy, and law and economics, and because it connects theory with the everyday experiences of lawyers and legal scholars. Articles present the CLS perspective on legal reasoning, legal hisory, substantive (...)
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  15. 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 (...)
  16. 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 (...)
  17. Joseph Keim Campbell, Michael O'Rourke & David Shier (eds.) (2005). Law and Social Justice. Mit Press.
  18. 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 (...)
  19. Lydia Morris (ed.) (2006). Rights: Sociological Perspectives. Routledge.
    This pioneering new book suggests how different traditions of sociological thought can contribute to an understanding of the theory and practice of rights. Rights: Sociological Perspectives provides a sociological treatment of a wide range of substantive issues but without losing sight of key theoretical questions. It considers some varied cases of public intervention, including welfare, caring, mental health provisions, pensions, justice and free speech, alongside the rights issues they raise. Similarly, it examines the question of rights from the point of (...)
  20. 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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  21. 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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  22. Neil MacCormick & Zenon Bankowski (eds.) (1989). Enlightenment, Rights, and Revolution: Essays in Legal and Social Philosophy. Aberdeen University Press.
  23. Ronald Dworkin (ed.) (1977). The Philosophy of Law. Oxford University Press.
    Echoing the debate about the nature of law that has dominated legal philosophy for several decades, this volume includes essays on the nature of law and on law not as it is but as it should be. Wherever possible, essays have been chosen that have provoked direct responses from other legal philosophers, and in two cases these responses are included. Contributors include H.L.A. Hart, R.M. Dworkin, Lord Patrick Devlin, John Rawls, J.J. Thomson, J. Finnis, and T.M. Scanlon.
  24. Joel Feinberg, Jules L. Coleman & Allen E. Buchanan (eds.) (1994). In Harm's Way: Essays in Honor of Joel Feinberg. Cambridge University Press.
    For several decades the work of Joel Feinberg has been the most influential in legal, political, and social philosophy in the English-speaking world. This volume honours that body of work by presenting fifteen original essays, many of them by leading legal and political philosophers, that explore the problems that have engaged Feinberg over the years. Amongst the topics covered are issues of autonomy, responsibility, and liability. It will be a collection of interest to anyone working in moral, legal, or political (...)
  25. Jane C. Ginsburg (2004). Introduction to Law and Legal Reasoning. Thomson/West.
  26. Douglas N. Husak (1987). Philosophy of Criminal Law. Rowman & Littlefield.
  27. Larry Alexander (ed.) (1998/2001). Constitutionalism: Philosophical Foundations. Cambridge University Press.
    This is the second volume in a sub-series of specially commissioned collaborative volumes on key topics at the heart of contemporary philosophy of law that will be appearing regularly within Cambridge Studies in Philosophy and Law. A distinguished international team of legal theorists examine the issue of constitutionalism and pose such foundational questions as: why have a constitution? How do we know what the constitution of a country really is? How should a constitution be interpreted? Why should one generation feel (...)
  28. Roberto Mangabeira Unger (1986). The Critical Legal Studies Movement. Harvard University Press.
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  29. 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 (...)
  30. John Austin (1906/1983). The Austinian Theory of Law: Being an Edition of Lectures I, V, and Vi of Austin's "Jurisprudence," and of Austin's "Essay on the Uses of the Study of Jurisprudence" with Critical Notes and Excursus. F.B. Rothman.
  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. 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.
  33. John Gibbons (ed.) (1994). Language and the Law. Longman.
  34. Neil MacCormick (1978). Legal Reasoning and Legal Theory. Oxford University Press.
    This study focuses on current jurisprudential debate between the "positivist" views of Herbert Hart and the "rights thesis" of Ronald Dworkin. MacCormick provides a critical analysis of the Dworkin position while also modifying Hart's. It stands firmly on its own as a contribution to an extensive literature.
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  35. Leo Katz (2011). Why the Law is so Perverse. University of Chicago Press.
    Why does the law spurn win-win transactions? -- Things we can't consent to, though no one knows why -- A parable -- Lessons -- The social choice connection -- Why is the law so full of loopholes? -- The irresistible wrong answer -- What is wrong with the irresistible answer? -- The voting analogy -- Turning the analogy into an identity -- Intentional fouls -- Why is the law so either/or? -- The proverbial rigidity of the law -- Line drawing (...)
  36. Thomas D. Perry (1976). Moral Reasoning and Truth: An Essay in Philosophy and Jurisprudence. Clarendon Press.
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  37. 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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  38. 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 (...)
  39. Mathieu Deflem (ed.) (1996). Habermas, Modernity, and Law. Sage Publications.
    The work of Jürgen Habermas has long been regarded as central to the development of social and political theory and philosophy in the late 20th century. With the publication of his latest book Between Facts and Norms, Habermas has signalled the importance of exploring modern legal theory to our understanding of democratic society. Habermas, Modernity, and Law brings together leading scholars from around the world to provide a clear introduction to this key development in Habermas's work. With chapters ranging from (...)
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  40. 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 (...)
  41. 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 ...
  42. Wolfgang Friedmann (1967). Legal Theory. Columbia University Press.
    CHAPTER 1 THE PLACE AND FUNCTION OF LEGAL THEORY ALL systematic thinking about legal theory is linked at one end with philosophy and, at the other end, ...
  43. Carl Wellman (1999). The Proliferation of Rights: Moral Progress or Empty Rhetoric? Westview Press.
    The Proliferation of Rights explores how the assertion of rights has expanded dramatically since World War II. Carl Wellman illuminates for the reader the historical developments in each of the major categories of rights, including human rights, civil rights, women’s rights, patient rights, and animal rights. He concludes by assessing where this proliferation has been legitimate and helpful, cases where it has been illusory and unproductive, and alternatives to the appeal to rights.
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  44. Wolfgang Friedmann (1944). Legal Theory. London, Stevens & Sons, Limited.
    CHAPTER 1 THE PLACE AND FUNCTION OF LEGAL THEORY ALL systematic thinking about legal theory is linked at one end with philosophy and, at the other end, ...
  45. Carl J. Friedrich (1963). The Philosophy of Law in Historical Perspective. [Chicago]University of Chicago Press.
    First published in 1958, this book has been revised and enlarged. 'this masterly little volume is the best survey we now possess of the leading ideas in legal ...
  46. 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, (...)
  47. Ellen Frankel, Fred Dycus Miller & Jeffrey Paul (eds.) (2000). Natural Law and Modern Moral Philosophy. Cambridge University Press.
    These essays address some of the most intriguing questions raised by natural law theory and its implications for law, morality, and public policy. some of the essays explore the implications that natural law theory has for jurisprudence, asking what natural law suggests about the use of legal devices such as constitutions and precedents. Other essays examine the connections between natural law and various political concepts, such as citizens' rights and the obligation of citizens to obey their government.
  48. Max Hamburger (1942/1970). The Awakening of Western Legal Thought. Westport, Conn.,Greenwood Press.
    What the ancients have to tell us: the history of dogmatics.--What the ancients have to teach us: its application to the present time.
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  49. Bruce A. Arrigo (2011). The Ethics of Total Confinement: A Critique of Madness, Citizenship, and Social Justice. Oxford University Press.
    In three parts, this volume in the AP-LS series explores the phenomena of captivity and risk management, guided and informed by the theory, method, and policy ...
  50. David Ingram (2006). Law: Key Concepts in Philosophy. Continuum.
    Clear, concise and comprehensive, this is the ideal introduction to the philosophy of law for those studying it for the first time.
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