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1 — 50 / 239
  1. 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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  2. 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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  3. Wolfgang Friedmann (1967). Legal Theory. Columbia University Press.
  4. Wolfgang Friedmann (1944). Legal Theory. London, Stevens & Sons, Limited.
  5. Jules L. Coleman (ed.) (1999). Readings in the Philosophy of Law. Garland Pub..
    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 (...)
  6. 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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  7. 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 (...)
  8. Alan Brudner (2007). Constitutional Goods. Oxford University Press.
    This book aims to distil the essentials of liberal constitutionalism from the jurisprudence and practice of contemporary liberal-democratic states. Most constitutional theorists have despaired of a liberal consensus on the fundamental goals of constitutional order. Instead they have contented themselves either with agreement on lower-level principles on which those who disagree on fundamentals may coincidentally converge, or, alternatively with a process for translating fundamental disgreement into acceptable laws. Alan Brudner suggests a conception of fundamental justice that liberals of competing philosophic (...)
  9. L. B. Curzon (1993). Jurisprudence. Cavendish Pub. Ltd..
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  10. 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.
  11. Hyman Gross & Ross Harrison (eds.) (1992). Jurisprudence: Cambridge Essays. Oxford University Press.
    Each of the essays included in this volume illuminates an aspect of law, reflecting an unorthodox perception of jurisprudence which combines interests in philosophy, legal theory, criminology, legal history, political and constitutional theory and the history of ideas. This work will broaden the jurisprudential scope of practitioners' professional concerns, but help academics enhance their knowledge of the wealth of information for their own studies.
  12. J. G. Riddall (1999). Jurisprudence. Lexisnexis.
    This new edition of Jurisprudence brings the book fully up to date and incorporates the following new topics: Utilitarianism, Scandinavian realism, Feminism, Liberalism, the New Critics, and the Hart v Dworkin debate. It also includes a separate chapter on Dworkin's Law's Empire, and the previous chapter on Rights has been substantially revised, to make this a useful and highly readable addition to the student's library.
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  13. Kim Lane Scheppele (1988). Legal Secrets: Equality and Efficiency in the Common Law. University of Chicago Press.
    Does the seller of a house have to tell the buyer that the water is turned off twelve hours a day? Does the buyer of a great quantity of tobacco have to inform the seller that the military blockade of the local port, which had depressed tobacco sales and lowered prices, is about to end? Courts say yes in the first case, no in the second. How can we understand the difference in judgments? And what does it say about whether (...)
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  14. Antony N. Allott (1980). The Limits of Law. Butterworth.
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  15. 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.
  16. Rodney Bruce Hall & Thomas J. Biersteker (eds.) (2002). The Emergence of Private Authority in Global Governance. Cambridge University Press.
    The emergence of private authority has become a feature of the post-Cold War world. The contributors to this volume examine the implications of this erosion of the power of the state for global governance. They analyse actors as diverse as financial institutions, multinational corporations, religious terrorists and organised criminals. The themes of the book relate directly to debates concerning globalization and the role of international law, and will be of interest to scholars and students of international relations, politics, (...)
  17. 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 (...)
  18. 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 (...)
  19. 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 (...)
  20. William L. Twining (2006/1994). Rethinking Evidence: Exploratory Essays. Cambridge University Press.
    The Law of Evidence has traditionally been perceived as a dry, highly technical, and mysterious subject. This book argues that problems of evidence in law are closely related to the handling of evidence in other kinds of practical decision-making and other academic disciplines, that it is closely related to common sense and that it is an interesting, lively and accessible subject. These essays develop a readable, coherent historical and theoretical perspective about problems of proof, evidence, and inferential reasoning in law. (...)
  21. Scott Veitch, Emilios A. Christodoulidis & Lindsay Farmer (eds.) (2007). Jurisprudence: Themes and Concepts. Routledge-Cavendish.
    This new book takes an innovative and novel approach to the study of jurisprudence. Drawing together a range of specialists, making original contributions, it provides a summary, analysis, and critique of basic themes in, and major contributions to, the study of jurisprudence. The book explores issues and ideas in jurisprudence in a way that integrates them with legal study more broadly, avoiding the tendency in recent years for the subject to become overly inward-looking, specialist and technical, leaving students and the (...)
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  22. Helen Reece (ed.) (1998). Law and Science. Oxford University Press.
    This book is the first volume in the series and explores the relationship of law and science, with a particular focus on the role of science as evidence.
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  23. 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 (...)
  24. Allan C. Hutchinson (2008). The Province of Jurisprudence Democratized. Oxford University Press.
    The province of jurisprudence compromised -- The province of jurisprudence revisited -- The provinciality of jurisprudence determined -- The morality of jurisprudence determined -- The province of jurisprudence pre-determined -- The province of jurisprudence moralised -- The province of jurisprudence re-generated -- The province of the judiciary democratised -- The experimental province of democracy determined.
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  25. Margaret Davies (1996). Delimiting the Law: 'Postmodernism' and the Politics of Law. Pluto Press.
  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.
  27. J. Roland Pennock & John William Chapman (eds.) (1982). Ethics, Economics, and the Law. New York University Press.
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  28. Jeffrie G. Murphy (1984). The Philosophy of Law: An Introduction to Jurisprudence. Rowman & Allanheld.
  29. Philip Soper (2002). The Ethics of Deference: Learning From Law's Morals. Cambridge University Press.
    Do citizens have an obligation to obey the law? This book differs from standard approaches by shifting from the language of obedience (orders) to that of deference (normative judgments). The popular view that law claims authority but does not have it is here reversed on both counts: Law does not claim authority but has it. Though the focus is on political obligation, the author approaches that issue indirectly by first developing a more general account of when deference is due to (...)
  30. Richard A. Posner (2001). Frontiers of Legal Theory. Harvard University Press.
    The book carries on Posner's project of analyzing the law as an institution of social governance.
  31. Thomas D. Perry (1976). Moral Reasoning and Truth: An Essay in Philosophy and Jurisprudence. Clarendon Press.
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  32. Wilfrid E. Rumble (1985). The Thought of John Austin: Jurisprudence, Colonial Reform, and the British Constitution. Athlone Press.
  33. Penny Green & Andrew Rutherford (eds.) (2000). Criminal Policy Transition. Hart Pub..
    In this sense the collection offers a model of how international collaborative work should proceed. The book is the product of a workshop held at the International Institute for the Sociology of Law (IISL) in Onati, Spain.
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  34. Joseph Raz (1980). The Concept of a Legal System: An Introduction to the Theory of Legal System. Oxford University Press.
    What does it mean to assert or deny the existence of a legal system? How can one determine whether a given law belongs to a certain legal system? What kind of structure do these systems have, that is--what necessary relations obtain between their laws? The examination of these problems in this volume leads to a new approach to traditional jurisprudential question, though the conclusions are based on a critical appraisal, particularly those of Bentham, Austin, Kelsen, and Hart.
  35. Joseph Raz (1970). The Concept of a Legal System. Oxford,Clarendon Press.
  36. Harold J. Berman & Howard O. Hunter (eds.) (1996). The Integrative Jurisprudence of Harold J. Berman. Westviewpress.
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  37. 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 (...)
  38. Robert Stecker (2003). Interpretation and Construction: Art, Speech, and the Law. Blackwell.
    Interpreting the everyday -- Art interpretation : the central issues -- A theory of art interpretation : substantive claims -- A theory of art interpretation : conceptual and ontological claims -- Radical constructivism -- Moderate and historical constructivism -- Interpretation and construction in the law -- Relativism versus pluralism.
  39. Jules L. Coleman (1988/1998). Markets, Morals, and the Law. Oxford University Press.
    This collection of essays by one of America's leading legal theorists is unique in its scope: it shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics, and political science.
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  40. 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.
  41. Roberto Mangabeira Unger (1986). The Critical Legal Studies Movement. Harvard University Press.
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  42. Richard K. Sherwin (2011). Visualizing Law in the Age of the Digital Baroque: Arabesques and Entanglements. Routledge.
    law's oscillation between power and meaning -- Law's screen life : visualizing law in practice -- Images run riot : law on the landscape of the neo-baroque -- Theorizing the visual sublime : law's legitimation reconsidered -- The digital challenge : command and control culture and the ethical sublime -- Conclusion : visualizing law as integral rhetoric : harmonizing the ethical and the aesthetic.
  43. 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 (...)
  44. Suri Ratnapala (2009). Jurisprudence. Cambridge University Press.
    Law as it is -- Law and morality -- Social dimensions of law -- Rights and justice.
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  45. 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 (...)
  46. 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 (...)
  47. 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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  48. Melanie Williams (2005). Secrets and Laws: Collected Essays in Law, Lives, and Literature. [Distributed by] International Specialized Book Services.
    This book demonstrates that law can be newly interrogated when examined through the lens of literature. Like its forerunner, Empty Justice, the book creates simple pathways which energise and illustrate the links between legal theory and legal science and doctrine, through the wider visions of history, literature and culture. This broadening approach is integral to understanding law in the context of wider debates and media in the community. The book provides a collection of essays, with additional commentary which reflects upon (...)
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  49. James MacLean (2011). Rethinking Law as Process: Creativity, Novelty, Change. Routledge.
    Rethinking Law as Process draws on insights from 'process philosophy' in order to rethink the nature of legal decision-making.
  50. Linda Kirk (1987). Richard Cumberland and Natural Law: Secularisation of Thought in Seventeenth-Century England. J. Clarke & Co..
    The first biographical and intellectual study of the most influential of 18th century natural law philosophers.
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