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1 — 50 / 279
  1. Law and Legal Theory.Thom Brooks (ed.) - 2013 - Brill.
    brings together some of the most important essays in the area of the philosophy of law written by leading, international scholars and offering significant contributions to how we understand law and legal theory to help shape future debates.
  2. The grammar of criminal law: American, comparative, and international.George P. Fletcher - 2007 - New York: Oxford University Press.
    The Grammar of Criminal Law is a 3-volume work that addresses the field of international and comparative criminal law, with its primary focus on the issues of international concern, ranging from genocide, to domestic efforts to combat terrorism, to torture, and to other international crimes. The first volume is devoted to foundational issues. The Grammar of Criminal Law is unique in its systematic emphasis on the relationship between language and legal theory; there is no comparable comparative study of legal language. (...)
  3. Criminal Law Conversations.Paul Robinson, Kimberly Ferzan & Stephen Garvey (eds.) - 2009 - Oxford University Press, Usa.
    Criminal Law Conversations provides an authoritative overview of contemporary criminal law debates in the United States. This collection of high caliber scholarly papers was assembled using an innovative and interactive method of nominations and commentary by the nation's top legal scholars. Virtually every leading scholar in the field has participated, resulting in a volume of interest to those both in and outside of the community. Criminal Law Conversations showcases the most captivating of these essays, and provides insight into the most (...)
  4. The Philosophy of law.Ronald Dworkin (ed.) - 1977 - New York: 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.
  5. The Philosophy of Law.Ronald M. Dworkin (ed.) - 1977 - New York: Oxford University Press UK.
    A selection of important writings which together suggest that legal philosophy is the nerve of legal reasoning.
  6. Lawyers and Justice: An Ethical Study.David Luban - 1988 - Princeton University Press.
    This is a book about the ethics of the legal profession proceeding from one basic premise: our nation is so dependent on its lawyers that their ethical problems transform themselves into public difficulties.
  7. Reason and responsibility: readings in some basic problems of philosophy.Joel Feinberg (ed.) - 1965 - Encino, Calif.: Dickenson Pub. Co..
    Joel Feinberg : In Memoriam. Preface. Part I: INTRODUCTION TO THE NATURE AND VALUE OF PHILOSOPHY. 1. Joel Feinberg: A Logic Lesson. 2. Plato: "Apology." 3. Bertrand Russell: The Value of Philosophy. PART II: REASON AND RELIGIOUS BELIEF. 1. The Existence and Nature of God. 1.1 Anselm of Canterbury: The Ontological Argument, from Proslogion. 1.2 Gaunilo of Marmoutiers: On Behalf of the Fool. 1.3 L. Rowe: The Ontological Argument. 1.4 Saint Thomas Aquinas: The Five Ways, from Summa Theologica. 1.5 Samuel (...)
  8. The Habits of Legality: Criminal Justice and the Rule of the Law.Francis A. Allen - 1996 - Oxford University Press USA.
    In this broad consideration of American criminal justice today, Allen suggests that the way to a more effective penal policy can be found in a closer adherence to the law rather than in the current tendency to bypass certain laws in the name of the "war on crime".
  9. Philosophy of Right.Georg Wilhelm Friedrich Hegel - 1896 - Amherst, N.Y.: Dover Publications. Edited by S. W. Dyde.
    Hegel's 1821 classic offers a comprehensive view of his influential system, in which he applies his most important concept--the dialectics--to law, rights, morality, the family, economics, and the state. The philosopher defines universal right as the synthesis between the thesis of an individual acting in accordance with the law and the occasional conflict of an antithetical desire to follow private convictions. The state, he declares, must permit individuals to satisfy both demands, thereby realizing social harmony and prosperity--the perfect synthesis. Further, (...)
  10. Law and science.Helen Reece (ed.) - 1998 - New York: 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.
  11. Hate Crimes: Criminal Law and Identity Politics.James B. Jacobs & Kimberly Potter - 1998 - Oxford University Press USA.
    In the early 1980s, a new category of crime appeared in the criminal law lexicon. In response to concerted advocacy-group lobbying, Congress and many state legislatures passed a wave of "hate crime" laws requiring the collection of statistics on, and enhancing the punishment for, crimes motivated by certain prejudices. This book places the evolution of the hate crime concept in socio-legal perspective. James B. Jacobs and Kimberly Potter adopt a skeptical if not critical stance, maintaining that legal definitions of hate (...)
  12. Hate Crimes: Criminal Law and Identity Politics.James B. Jacobs & Kimberly Potter - 1998 - Oxford University Press USA.
    Early in the 1980s, a new category of crime appeared in the criminal law lexicon. In response to what was said to be an epidemic of prejudice-motivated violence, Congress and many state legislatures passed a wave of 'hate crime' laws that required the collection of statistics and enhanced the punishment of crimes motivated by certain prejudices. This book places in socio-legal perspective both the hate crime problem and society's response to it. From the outset, Jacobs and Potter adopt a skeptical (...)
  13. How law works: the machinery and impact of civil justice.Ross Cranston - 2006 - New York: Oxford University Press.
    This book looks at the civil justice system - the courts and what they do; legal aid and other methods of providing access to justice; lawyers and their conduct; and the role of legal procedure. It also looks at the impact the civil justice system has on wider society, and its relationship with economics and commercial development. The book is largely focussed on Britain, but includes material from the USA, the Indian sub-continent, south-east Asia, and Aboriginal society in Australia.
  14. Basic concepts of legal thought.George P. Fletcher - 1996 - New York: Oxford University Press.
    In this one-of-a-kind text, George P. Fletcher, a renowned legal theorist, offers a provocative yet accessible overview of the basics of legal thought. The first section of the book is designed to introduce the reader to fundamental concepts such as the rule of law and deciding cases under the law. It continues with an analysis of the values of justice, desert, consent, and equality, as they figure into our judgment of legal cultures in terms of soundness and legitimacy. The final (...)
  15. Philosophical Perspectives on Punishment.Gertrude Ezorsky (ed.) - 1972 - State University of New York Press.
    “Punishment,” writes J. E. McTaggart, “ is pain and to inflict pain on any person obviously [requires] justification.” But if the need to justify punishment is obvious, the manner of doing so is not. Philosophers have developed an array of diverse, often conflicting arguments to justify punitive institutions. Gertrude Ezorsky introduces this source book of significant historical and contemporary philosophical writings on problems of punishment with her own article, “The Ethics of Punishment.” She brings together systematically the important papers and (...)
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  16. Is There a Duty to Obey the Law?Christopher Wellman & John Simmons - 2005 - New York: Cambridge University Press. Edited by A. John Simmons.
    The central question in political philosophy is whether political states have the right to coerce their constituents and whether citizens have a moral duty to obey the commands of their state. In this 2005 book, Christopher Heath Wellman and A. John Simmons defend opposing answers to this question. Wellman bases his argument on samaritan obligations to perform easy rescues, arguing that each of us has a moral duty to obey the law as his or her fair share of the communal (...)
  17. Law's interior: legal and literary constructions of the self.Kevin Crotty - 2001 - Ithaca, N.Y.: Cornell University Press.
    The quest for autonomy : modern jurisprudence and the Oresteia -- Dilemmas of the self : law and confession -- Rationality and imagination in the law : Jürgen Habermas and Wallace Stevens.
  18. Global Justice and Bioethics.Joseph Millum & Ezekiel J. Emanuel (eds.) - 2012 - Oxford University Press.
    This book presents a collection of original essays by leading thinkers in political theory, philosophy, and bioethics on key issues concerning global justice and bioethics. It is the first collection to comprehensively address these pressing theoretical and practical questions about international distributive justice, humans rights, health care and medical research.
  19. Faith, Resistance, and the Future: Daniel Berrigan's challenge to Catholic social thought.James L. Marsh & Anna J. Brown - 2012 - Fordham University Press.
  20. From Social Justice to Criminal Justice: Poverty and the Administration of Criminal Law.William C. Heffernan & John Kleinig (eds.) - 2000 - Oxford University Press USA.
    The economically deprived come into contact with the criminal court system in disproportionate number. This collection of original, interactive essays, written from a variety of ideological perspectives, explores some of the more troubling questions and ethical dilemmas inherent in this situation. The contributors, including well-known legal and political philosophers Philip Pettit, George Fletcher, and Jeremy Waldron, examine issues such as heightened vulnerability, indigent representation, and rotten social background defenses.
  21. Grundzüge der Rechtsphilosophie.Helmut Coing - 1950 - Berlin,: De Gruyter.
  22. Ethics for Adversaries: The Morality of Roles in Public and Professional Life.Arthur Isak Applbaum - 1999 - Princeton University Press.
    The adversary professions--law, business, and government, among others--typically claim a moral permission to violate persons in ways that, if not for the professional role, would be morally wrong. Lawyers advance bad ends and deceive, business managers exploit and despoil, public officials enforce unjust laws, and doctors keep confidences that, if disclosed, would prevent harm. Ethics for Adversaries is a philosophical inquiry into arguments that are offered to defend seemingly wrongful actions performed by those who occupy what Montaigne called "necessary offices."Applbaum (...)
  23. Toxic Torts: Science, Law and the Possibility of Justice.Carl F. Cranor - 2006 - Cambridge University Press.
    The relationship between science, law and justice has become a pressing issue with US Supreme Court decisions beginning with Daubert v. Merrell-Dow Pharmaceutical. How courts review scientific testimony and its foundation before trial can substantially affect the possibility of justice for persons wrongfully injured by exposure to toxic substances. If courts do not review scientific testimony, they will deny one of the parties the possibility of justice. Even if courts review evidence well, the fact and perception of greater judicial scrutiny (...)
  24. Moral reasoning and truth: an essay in philosophy and jurisprudence.Thomas D. Perry - 1976 - Oxford: Clarendon Press.
  25. Legal thinking: its limits and tensions.William Read - 1986 - Philadelphia: University of Pennsylvania Press.
    This book delineates the limits that define, and the tensions that beset, the process of conceiving how laws connect and interact with morals and facts--about the ways we do think about these connections and interactions, not about the ways we should think.
  26. Ronald Dworkin.Stephen Guest - 1991 - Stanford, Calif.: 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 (...)
  27. A textbook of jurisprudence.George Whitecross Paton - 1946 - Oxford,: Clarendon Press. Edited by David P. Derham.
    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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  28. The Moral Limits of the Criminal Law Volume 1: Harm to Others.Joel Feinberg - 1984 - New York, US: Oxford University Press USA.
    This first volume in the four-volume series The Moral Limits of the Criminal Law focuses on the "harm principle," the commonsense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of criminal legislation. Feinberg presents a detailed analysis of the concept and definition of harm and applies it to a host of practical and theoretical issues, showing how the harm principle must be interpreted if it is to be a plausible guide to the lawmaker.
  29. A text-book of jurisprudence.George Whitecross Paton - 1946 - Oxford,: The Clarendon press. Edited by David P. Derham.
    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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  30. Rethinking international organization: deregulation and global governance.Barbara Emadi-Coffin - 2002 - New York: Routledge.
    The function of the state as a symbol of identity has become increasingly important as major powers of the pre-Cold War era have given way to self-determination. The conventional role of the state has, however, simultaneously been challenged by the process of globalization which transcends such national boundaries. In this book, Barbara Emadi-Coffin seeks to explain this contradiction through a radical new theory. Emadi-Coffin analyzes the increasing interaction of multinational corporations, international organizations and transnational interest groups, such as Greenpeace and (...)
  31. The philosophy of law in historical perspective.Carl Joachim Friedrich - 1963 - [Chicago]: University of Chicago Press.
  32. Jurisprudence.J. G. Riddall - 1999 - Dayton, Ohio: 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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  33. The Province of Jurisprudence Democratized.Allan C. Hutchinson - 2009 - Oxford University Press USA.
    The Province of Jurisprudence Democratized explores the implications of taking a vigorously democratic approach to issues of traditional legal theory. Allan C. Hutchinson introduces the democratic vision and examines the complementary philosophy of a Dewey-inspired pragmatism. This is followed by an examination from a pragmatic perspective of the dominant theories of analytical jurisprudence in both their positivist and naturalist forms. He emphasizes the contested concepts of 'truth', 'facts' and 'law/morality relation' and explores what a more uncompromising democratic/pragmatic agenda for law (...)
  34. The Autonomy of Law: Essays on Legal Positivism.Robert P. George (ed.) - 1996 - New York: Oxford University Press UK.
    This collection of original essays from distinguished legal philosophers offers a challenging assessment of the nature and viability of legal positivism, an approach to legal theory that continues to dominate contemporary legal theoretical debates. To what extent is the law adequately described as autonomous? Should legal theorists maintain a conceptual separation of law and morality? These and other questions are addressed by the authors of this carefully edited collection, which will be of interest to all lawyers and scholars interested in (...)
  35. Legal interpretation: perspectives from other disciplines and private texts.Kent Greenawalt - 2010 - New York: Oxford University Press.
    Introduction: dimensions of inquiry -- Speaker intent and convention; linguistic meaning and pragmatics; Vagueness and indeterminacy: three topics in the philosophy of language -- Literary interpretation, performance art, and related subjects -- Religious interpretation -- General theories of interpretation -- Starting from the bottom: informal instructions -- The law of agency -- Wills -- Contracts -- Judicial alterations of textual provisions: Cy Pres and relatives -- Conclusion and a comparison.
  36. The Cambridge Handbook of Australian Criminology.Adam Graycar & Peter Grabosky (eds.) - 2009 - Cambridge University Press.
    As a unique work of reference, The Cambridge Handbook of Australian Criminology covers the broad range of contemporary and historical subjects of criminology, combining statistical and narrative analyses. The book provides the most up-to-date figures and facts, traces historical trends in Australian crime and criminal justice, and comprehensively covers the key contemporary issues in Australian criminology. Including valuable crime statistics compiled by the Australian Bureau of Statistics, this book is the complete companion to Australian criminology - the single most important (...)
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  37. Liability and Responsibility: Essays in Law and Morals.R. G. Frey & Christopher W. Morris (eds.) - 1991 - New York: Cambridge University Press.
    This collection of contemporary essays by a group of well-known philosophers and legal theorists covers various topics in the philosophy of law, focusing on issues concerning liability in contract, tort and criminal law. The book is divided into four sections. The first provides a conceptual overview of the issues at stake in a philosophical discussion of liability and responsibility. The second, third and fourth sections present, in turn, more detailed explorations of the roles of notions of liability and responsibility in (...)
  38. Grundzüge der Rechtsphilosophie.Helmut Coing - 1950 - Berlin,: De Gruyter.
  39. Jurisprudence.Suri Ratnapala - 2009 - New York: Cambridge University Press.
    Law as it is -- Law and morality -- Social dimensions of law -- Rights and justice.
  40. The autonomy of law: essays on legal positivism.Robert P. George (ed.) - 1996 - New York: Oxford University Press.
    This collection of original papers from distinguished legal theorists offers a challenging assessment of the nature and viability of legal positivism, a branch of legal theory which continues to dominate contemporary legal theoretical debates. To what extent is the law adequately described as autonomous? Should law claim autonomy? These and other questions are addressed by the authors in this carefully edited collection, and it will be of interest to all lawyers and scholars interested in legal philosophy and legal theory.
  41. Criminology and Social Theory.David Garland & Richard Sparks (eds.) - 2000 - Oxford University Press.
    In this unique collection, a distinguished group of social theorists reflect upon the ways in which crime and its control feature in the political and cultural landscapes of contemporary societies. The book brings together for the first time some of today's most powerful social analysts in a discussion of the meaning of crime and punishment in late-modern society. The result is a stimulating and provocative volume that will be of equal interest to specialist criminologists and those working in the fields (...)
  42. State Punishment: Political Principles and Community Values.Nicola Lacey - 1988 - 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.
  43. Enlightenment, rights, and revolution: essays in legal and social philosophy.Neil MacCormick & Zenon Bankowski (eds.) - 1989 - [Aberdeen]: Aberdeen University Press.
    "The present volume deals with a number of fundamental issues in philosophy of law and social philosophy. The reviews and perspectives it represents are thoroughly international in scope and range, with the participation of leading thinkers from six continents. Within the overall theme of 'Enlightenment, Rights and Revolution', each of the sub-themes has been so well explored by its authors that the whole does amount to more than the sum of its parts. As editors, we might have been temped to (...)
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  44. Critique of legal order.Richard Quinney & Randall G. Shelden - 1973 - Boston,: Little, Brown.
    Originally published thirty years ago, Critique of the Legal Order remains highly relevant for the twenty-first century. Here Richard Quinney provides a critical look at the legal order in capitalist society. Using a traditional Marxist perspective, he argues that the legal order is not intended to reduce crime and suffering, but to maintain class differences and a social order that mainly benefits the ruling class. Quinney challenges modern criminologists to examine their own positions. As "ancillary agents of power," criminologists provide (...)
  45. Natural Law: An Introduction to Legal Philosophy.Alexander Passerin D'Entrèves & Cary J. Nederman - 1994 - New Brunswick, N.J.: Routledge.
    This is the classic study of the history and continuing philosophical values of the law of nature. D'Entreves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 Senate confirmation hearings (...)
  46. Medical law and ethics.Jonathan Herring - 2006 - New York: Oxford University Press.
    This book provides a clear, concise description of medical law; but it does more than that. It also provides an introduction to the ethical principles that can be used to challenge or support the law. It also provides a range of perspectives from which to analyse the law: feminist, religious and sociological perspectives are all used.
  47. Rules for Wrongdoers.Arthur Ripstein - 2021 - Oxford: Oxford University Press. Edited by Oona Anne Hathaway, Christopher Kutz, Jeff McMahan & Saira Mohamed.
    Ripstein's lectures, which constitute the central texts of this book, focus on the two bodies of rules governing war: the jus ad bellum, which regulates resort to armed force, and the jus in bello, which sets forth rules governing the conduct of armed force and applies equally to all parties. The lectures argue that both sets of rules constitute prohibitions rather than permissions, and that recognizing them as distinctive prohibitions can reconcile the seeming tension between them. By understanding that the (...)
  48. Readings in the Philosophy of Law.Keith Culver (ed.) - 1999 - Peterborough, Ontario: Broadview Press.
  49. Punishment: A Philosophy and Public Affairs Reader.A. John Simmons, Marshall Cohen, Joshua Cohen & Charles R. Beitz (eds.) - 1994 - Princeton University Press.
    The problem of justifying legal punishment has been at the heart of legal and social philosophy from the very earliest recorded philosophical texts. However, despite several hundred years of debate, philosophers have not reached agreement about how legal punishment can be morally justified. That is the central issue addressed by the contributors to this volume. All of the essays collected here have been published in the highly respected journal Philosophy & Public Affairs. Taken together, they offer not only significant proposals (...)
  50. Readings in the Philosophy of Law.John Arthur & William H. Shaw (eds.) - 1993 - Pearson Prentice Hall.
    The adversary system and the practice of law -- The rule of law -- The moral force of law -- Statutes -- Precedents -- Constitutional interpretation -- Natural law and legal positivism: classical perspectives -- Formalism and legal realism -- Morality and the law -- International law -- Law and economics -- The justification of punishment -- The rights of defendants -- Sentencing -- Criminal responsibility -- Compensating for private harms: the law of torts -- Private ownership: the law of (...)
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