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1 — 50 / 232
  1. 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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  2. 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 ...
  3. 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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  4. 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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  5. 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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  6. Jane C. Ginsburg (2004). Introduction to Law and Legal Reasoning. Thomson/West.
  7. 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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  8. 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 ...
  9. 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.
  10. Margaret Davies (1996). Delimiting the Law: 'Postmodernism' and the Politics of Law. Pluto Press.
  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. 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 (...)
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  13. 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 (...)
  14. 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 (...)
  15. 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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  16. 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 (...)
  17. Mark Tunick (1992). Punishment: Theory and Practice. University of California.
    Unlike other treatments of legal punishment, this book takes both an external approach, asking why we punish at all, and an internal approach, considering issues faced by those 'inside' the practice: For what actions should we punish? Should we allow plea-bargaining? the insanity defense? How should sentencing be determined? The two approaches are connected: To decide whether to punish someone who is 'insane', or who cops a plea, we need to ask whether doing so is consistent with our theory of (...)
  18. 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 (...)
  19. Martin P. Golding (1975/1974). Philosophy of Law. Englewood Cliffs, N.J.,Prentice-Hall.
  20. 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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  21. Jack L. Goldsmith (2007). The Limits of International Law. Oxford University Press.
    A theory of customary international law -- Case studies -- A theory of international agreements -- Human rights -- International trade -- A theory of international rhetoric -- International law and moral obligation -- Liberal democracy and cosmopolitan duty.
  22. 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 (...)
  23. Cormac Cullinan (2011). Wild Law: A Manifesto for Earth Justice. Chelsea Green Pub..
    Anthills and aardvarks -- The illusion of independence -- The myth of the master species -- Why law and jurisprudence matter -- The conceit of law -- Respecting the great law -- Remembering who we are -- The question of rights -- Elements of Earth governance -- Seeking Earth jurisprudence -- The rhythms of life -- The law of the land -- A communion of communities -- Transforming law and governance -- The mountain path.
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  24. 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 (...)
  25. L. B. Curzon (1993). Jurisprudence. Cavendish Pub. Ltd..
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  26. Otfried Höffe (1995). Political Justice: Foundations for a Critical Philosophy of Law and the State. B. Blackwell.
  27. 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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  28. 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 (...)
  29. 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 (...)
  30. 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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  31. 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.
  32. Edgar Bodenheimer (1974). Jurisprudence: The Philosophy and Method of the Law. Harvard University Press.
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  33. S. Prakash Sinha (1993). Jurisprudence, Legal Philosophy, in a Nutshell. West Pub. Co..
  34. R. A. Duff (2003). Punishment, Communication, and Community. Oup Usa.
    Part of the Studies in Crime and Public Policy series, this book, written by one of the top philosophers of punishment, examines the main trends in penal theorizing over the past three decades. Duff asks what can justify criminal punishment, and then explores the legitimacy of actual practices by examining what would count as adequate justification for them. Duff argues that a "communicative conception of punishment," which he presents as a third way between consequentialist and retributive theories, offers the most (...)
  35. 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 (...)
  36. Joel Feinberg (1975/1974). Reason and Responsibility: Readings in Some Basic Problems of Philosophy. Dickenson Pub. Co..
  37. Sheldon Amos (1872/1982). A Systematic View of the Science of Jurisprudence. F.B. Rothman.
  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. 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 (...)
  40. 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.
  41. 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.
  42. 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 (...)
  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. 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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  45. John Mason Lightwood (1883/1982). The Nature of Positive Law. F.B. Rothman.
  46. Jean D' Aspremont (2011). Formalism and the Sources of International Law: A Theory of the Ascertainment of Legal Rules. Oxford University Press.
    This book revisits the theory of the sources of international law from the perspective of formalism.
  47. Olufemi Taiwo (1996). Legal Naturalism: A Marxist Theory of Law. Cornell University Press.
    Legal Naturalism advances a clear and convincing case that Marx's theory of law is a form of natural law jurisprudence.
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  48. James C. Carter (1974). Law: Its Origin, Growth, and Function. New York,Da Capo Press.
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  49. 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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  50. Roberto Mangabeira Unger (1986). The Critical Legal Studies Movement. Harvard University Press.
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  51. 1 — 50 / 232