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1 — 50 / 259
  1. The Unity of Law and Morality: A Refutation of Legal Positivism.M. J. Detmold - 1984 - 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. Philosophy and the Law of Torts.Gerald J. Postema (ed.) - 2001 - 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 to be understood? Is an explanation (...)
  3. Das Recht der Biomedizin: Textsammlung Mit Einführung.Ralf Müller-Terpitz (ed.) - 2006 - Springer.
    Die Textsammlung bietet eine Zusammenstellung aller wichtigen Rechtstexte völkerrechtlicher, gemeinschaftsrechtlicher und nationaler Natur aus dem Bereich der humanen Biomedizin.
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  4. How Law Works: The Machinery and Impact of Civil Justice.Ross Cranston - 2006 - 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.
  5. The Practice of Punishment: Towards a Theory of Restorative Justice.Wesley Cragg - 1992 - Routledge.
    In the latter half of the twentieth century, there has been a sharp decline in confidence in sentencing principles, due to a questioning of the efficacy of punishment. It has been very difficult to develop consistent, fair, and humane criteria for evaluating legislative, judicial and correctional advancements. The Practice of Punishment offers a comprehensive study of punishment that identifies the principles of sentencing and corrections on which modern correctional systems should be built. The theory of punishment that emerges is built (...)
  6. Textbook on Jurisprudence.H. McCoubrey - 1999 - 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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  7. The Emergence of Private Authority in Global Governance.Rodney Bruce Hall & Thomas J. Biersteker (eds.) - 2002 - 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, sociology and (...)
  8. Understanding Jurisprudence: An Introduction to Legal Theory.Raymond Wacks - 2009 - 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 theories (...)
  9. Law and its Presuppositions: Actions, Agents, and Rules.S. C. Coval - 1986 - Routledge and Kegan 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. Philosophical Law: Authority, Equality, Adjudication, Privacy.Richard N. Bronaugh (ed.) - 1978 - Greenwood Press.
  11. The Language of Liberal Constitutionalism.Howard Schweber - 2007 - Cambridge University Press.
    This book explores two basic questions regarding constitutional theory. First, in view of a commitment to democratic self-rule and widespread disagreement on questions of value, how is the creation of a legitimate constitutional regime possible? Second, what must be true about a constitution if the regime that it supports is to retain its claim to legitimacy? Howard Schweber shows that the answers to these questions appear in a theory of constitutional language that combines democratic theory with constitutional philosophy. The creation (...)
  12. The Philosophy of Law.Ronald Dworkin (ed.) - 1977 - 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.
  13. Law and Truth.Dennis M. Patterson - 1996 - 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 (...)
  14. The Republic of Choice: Law, Authority, and Culture.Lawrence Meir Friedman - 1990 - 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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  15. Lloyd's Introduction to Jurisprudence.Michael D. A. Freeman - 2001 - Sweet & Maxwell.
  16. Legal Philosophies.J. W. Harris - 1997 - Lexis Nexis.
    Legal Philosophies has been written to provide a clear guide to the main topics in a jurisprudence or legal theory course with the novice in mind. It provides summaries of the pertinent arguments within these topics, and of the views of leading theorists. This new edition takes a look at the emergence of "Critical Legal Studies" and "Feminist Jurisprudence", whilst there are new sections on "Moral Truth" and "Communitarianism" (a revived theoretical approach).
  17. Reason and Responsibility: Readings in Some Basic Problems of Philosophy.Joel Feinberg - 1965 - Dickenson Pub. Co..
  18. Habermas, Modernity, and Law.Mathieu Deflem (ed.) - 1996 - 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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  19. A Theory of Political Obligation: Membership, Commitment, and the Bonds of Society.Margaret Gilbert - 2006 - Oxford University Press.
    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. Language and the Law.John Gibbons (ed.) - 1994 - Longman.
  21. Conflicts of Law and Morality.Kent Greenawalt - 1987 - 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 (...)
  22. Philosophy of Law: An Introduction to Jurisprudence.Jeffrie G. Murphy - 1990 - 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 (...)
  23. The Philosophy of Law: An Introduction to Jurisprudence.Jeffrie G. Murphy - 1984 - Rowman & Allanheld.
  24. Bentham's Theory of the Modern State.Nancy L. Rosenblum - 1978 - Harvard University Press.
  25. Oxford Studies in Philosophy of Law.Leslie Green & Brian Leiter (eds.) - 2011 - Oxford University Press.
    The essays range widely over issues in general jurisprudence (the nature of law, adjudication, and legal reasoning), the philosophical foundations of specific ...
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  26. Risks and Wrongs.Jules L. Coleman - 1992 - Oxford University Press.
    This book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central to liberal political, moral, and legal theory. In the first part of the book, he rejects traditional "rational choice" liberalism in favor of the view that the market operates as a rational way of fostering stable (...)
  27. Jurisprudence: Text and Readings on the Philosophy of Law.George C. Christie - 1973 - West Pub. Co..
  28. Jurisprudence.J. G. Riddall - 1999 - 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.
  29. The Nature and Process of Law: An Introduction to Legal Philosophy.Patricia Smith (ed.) - 1993 - 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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  30. Legal Theory.Wolfgang Friedmann - 1944 - London: Stevens & Sons.
  31. Philosophy of Law.Martin P. Golding - 1975 - Englewood Cliffs, N.J., Prentice-Hall.
  32. Privacy, Intimacy, and Isolation.Julie C. Inness - 1992 - 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.
  33. Strange Multiplicity: Constitutionalism in an Age of Diversity.James Tully - 1995 - Cambridge University Press.
    Constitutionalism in an Age of Diversity James Tully. these ambassadors from Haida Gwaii conciliate the goods which appear irreconcilable to us? To discover the answer, and learn our way around on this strange common ground, we need to ...
  34. The Origins of the Western Legal Tradition: From Thales to the Tudors.Ellen Goodman - 1995 - Federation Press.
    Ellen Goodman uses extensive extracts from original writings to highlight the main themes of the Western legal tradition.The strength of the book is its clear ...
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  35. 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 (...)
  36. An Institutional Theory of Law: Keeping Law in its Place.Peter Morton - 1998 - 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 (...)
  37. The Human Body and the Law.David W. Meyers - 1990 - 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 ...
  38. A Critical Introduction to Law.Wade Mansell - 2004 - Cavendish.
    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 (...)
  39. Jurisprudence: Themes and Concepts.Scott Veitch, Emilios A. Christodoulidis & Lindsay Farmer (eds.) - 2007 - 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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  40. Form and Function in a Legal System: A General Study.Robert S. Summers - 2006 - 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 (...)
  41. Legal Theory.Wolfgang Friedmann - 1944 - Columbia University Press.
  42. Foucault's Law.Ben Golder & Peter Fitzpatrick - 2009 - Routledge-Cavendish.
    _Foucault’s Law_ is the first book in almost fifteen years to address the question of Foucault’s position on law. Many readings of Foucault’s conception of law start from the proposition that he failed to consider the role of law in modernity, or indeed that he deliberately marginalized it. In canvassing a wealth of primary and secondary sources, Ben Golder and Peter Fitzpatrick rebut this argument. They argue that rather than marginalize law, Foucault develops a much more radical, nuanced and coherent (...)
  43. The Limits of Law.Antony N. Allott - 1980 - Butterworth.
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  44. Criminal Law.Thomas Morawetz (ed.) - 1991 - 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.
  45. A Companion to Philosophy of Law and Legal Theory.Dennis M. Patterson (ed.) - 1996 - Blackwell.
    The articles in this new edition of A Companion to Philosophy of Law and Legal Theory have been updated throughout, and the addition of ten new articles ensures ...
  46. Frontiers of Legal Theory.Richard A. Posner - 2001 - Harvard University Press.
    The book carries on Posner's project of analyzing the law as an institution of social governance.
  47. Overcoming Law.Richard A. Posner - 1995 - 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 ...
  48. The Medieval Tradition of Natural Law.Harold J. Johnson (ed.) - 1987 - Medieval Institute Publications, Western Michigan University.
  49. The Ethics of Deference: Learning From Law's Morals.Philip Soper - 2002 - 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 to that of deference. 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 the view of (...)
  50. A Textbook of Jurisprudence.G. W. Paton - 1972 - 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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