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1 — 50 / 224
  1. 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 ...
  2. 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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  3. 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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  4. 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 (...)
  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. 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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  7. Joel Feinberg (1975/1974). Reason and Responsibility: Readings in Some Basic Problems of Philosophy. Dickenson Pub. Co..
  8. 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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  9. 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 ...
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  10. Joseph Keim Campbell, Michael O'Rourke & David Shier (eds.) (2005). Law and Social Justice. Mit Press.
  11. Neil MacCormick & Zenon Bankowski (eds.) (1989). Enlightenment, Rights, and Revolution: Essays in Legal and Social Philosophy. Aberdeen University Press.
  12. 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, (...)
  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. William E. Read (1986). Legal Thinking: Its Limits and Tensions. University of Pennsylvania Press.
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  15. 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 (...)
  16. Jane C. Ginsburg (2004). Introduction to Law and Legal Reasoning. Thomson/West.
  17. 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 (...)
  18. Roberto Mangabeira Unger (1986). The Critical Legal Studies Movement. Harvard University Press.
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  19. 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 ...
  20. 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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  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. George C. Christie (1995). Jurisprudence: Text and Readings on the Philosophy of Law. West Pub. Co..
  23. 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.
  24. 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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  25. Nicola Lacey (2004). A Life of H. Oxford University Press.
    Herbert Lionel Adolphus Hart was born in Yorkshire in 1907 to second generation Jewish immigrants. Having won a scholarship to Oxford University, he went on to become the most famous legal philosopher of the twentieth century. From 1932-40 H.L.A Hart practised as a barrister in London. He was pronounced physically unfit for military service in 1940, and was recruited by MI5, where he worked until 1945. During his time at the Bar he had continued to study philosophy and at M15 (...)
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  26. 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 (...)
  27. 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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  28. 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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  29. Richard A. Posner (1995). Overcoming Law. Harvard University Press.
    Throughout, the book is unified by Posner's distinctive stance, which is pragmatist in philosophy, economic in methodology, and liberal (in the sense of John ...
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  30. 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 (...)
  31. 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, (...)
  32. 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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  33. 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 (...)
  34. 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 ...
  35. 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 (...)
  36. John Gibbons (ed.) (1994). Language and the Law. Longman.
  37. Douglas N. Husak (1987). Philosophy of Criminal Law. Rowman & Littlefield.
  38. 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.
  39. Wolfgang Friedmann (1944). Legal Theory. London, Stevens & Sons, Limited.
  40. 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 ...
  41. Edgar Bodenheimer (1974). Jurisprudence: The Philosophy and Method of the Law. Harvard University Press.
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  42. Wolfgang Friedmann (1967). Legal Theory. Columbia University Press.
  43. 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 (...)
  44. Thomas D. Perry (1976). Moral Reasoning and Truth: An Essay in Philosophy and Jurisprudence. Clarendon Press.
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  45. 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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  46. 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 (...)
  47. Steven D. Smith (2004). Law's Quandary. Harvard University Press.
    This lively book reassesses a century of jurisprudential thought from a fresh perspective, and points to a malaise that currently afflicts not only legal theory ...
  48. 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.
  49. 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 (...)
  50. 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 (...)
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