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1 — 50 / 262
  1. The Philosophy of Law: An Introduction to Jurisprudence.Jeffrie G. Murphy - 1984 - Rowman & Allanheld.
  2. Lloyd's Introduction to Jurisprudence.Michael D. A. Freeman - 2001 - Sweet & Maxwell.
  3. 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 (...)
  4. Introduction to Law and Legal Reasoning.Jane C. Ginsburg - 2004 - Thomson/West.
  5. 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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  6. A Guide to Critical Legal Studies.Mark Kelman - 1987 - Harvard University Press.
    This book outlines and evaluates the principal strands of critical legal studies, and achieves much more as well.
  7. The Proliferation of Rights: Moral Progress or Empty Rhetoric?Carl Wellman - 1999 - 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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  8. 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 (...)
  9. Interpretation and Construction: Art, Speech, and the Law.Robert Stecker - 2003 - Wiley-Blackwell.
    _Interpretation and Construction_ examines the interpretation and products of intentional human behavior, focusing primarily on issues in art, law, and everyday speech. Focuses on artistic interpretation, but also includes extended discussion of interpretation of the law and everyday speech and communication. Written by one of the leading theorists of interpretation. Theoretical discussions are consistently centered around examples for ease of comprehension.
  10. Freedom and Responsibility: Readings in Philosophy and Law.Herbert Morris (ed.) - 1961 - Stanford University Press.
    CHAPTER I RESPONSIBILITY "Mother, little heart of mine," he said (he had begun using such strange caressing words at that time), "little heart of mine, ...
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  11. Philosophy of Law.Martin P. Golding - 1975 - Englewood Cliffs, N.J., Prentice-Hall.
  12. 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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  13. Wild Law: A Manifesto for Earth Justice.Cormac Cullinan - 2011 - Chelsea Green.
    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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  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. Jurisprudence: A Descriptive and Normative Analysis of Law.Anthony A. D'Amato - 1984 - Kluwer Academic Publishers.
    Most of the work produced by these scholars together & in collaboration with their students represent applications of their basic theory to a wide assortment of ...
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  16. Freedom of Speech Abridged?: Cultural, Legal and Philosophical Challenges.Anine Kierulf & Helge Rønning (eds.) - 2009 - Nordicom.
  17. 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 (...)
  18. Moral Principles and Political Obligations.A. John Simmons - 1979 - Princeton University Press.
    Every political theorist will need this book . . . . It is more 'important' than 90% of the work published in philosophy."--Joel Feinberg, University of Arizona.
  19. 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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  20. 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 (...)
  21. Legal Right and Social Democracy: Essays in Legal and Political Philosophy.Neil MacCormick - 1982 - Oxford University Press.
    This work is a controversial collection of interrelated papers investigating and arguing about issues of concern to lawyers and politicians today. MacCormick combines a scholarly concern with leading thinkers such as John Locke, Lord Stair, Adam Smith and David Hume, John Rawls, Ronald Dworkin, and Patrick Atiyah, and stringently argued view of questions of political obligation, civil liberty, and legal rights.
  22. The Province of Jurisprudence Democratized.Allan C. Hutchinson - 2008 - 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.
  23. A Moral Theory of Political Reconciliation.Colleen Murphy - 2010 - Cambridge University Press.
    Following extended periods of conflict or repression, political reconciliation is indispensable to the establishment or restoration of democratic relationships and critical to the pursuit of peacemaking globally. In this important new book, Colleen Murphy offers an innovative analysis of the moral problems plaguing political relationships under the strain of civil conflict and repression. Focusing on the unique moral damage that attends the deterioration of political relationships, Murphy identifies the precise kinds of repair and transformation that processes of political reconciliation ought (...)
  24. Jurisprudence.L. B. Curzon - 1979 - Cavendish.
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  25. 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 (...)
  26. Philosophical Law: Authority, Equality, Adjudication, Privacy.Richard N. Bronaugh (ed.) - 1978 - Greenwood Press.
  27. Language and the Law.John Gibbons (ed.) - 1994 - Longman.
  28. 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.
  29. 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 (...)
  30. 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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  31. 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 ...
  32. Markets, Morals, and the Law.Jules L. Coleman - 1988 - 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.
  33. 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 (...)
  34. 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 (...)
  35. Legal Thinking: Its Limits and Tensions.William E. Read - 1986 - University of Pennsylvania Press.
  36. Jurisprudence: Cambridge Essays.Hyman Gross & Ross Harrison (eds.) - 1992 - 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.
  37. The Limits of Law.Antony N. Allott - 1980 - Butterworth.
  38. 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 (...)
  39. Reason and Responsibility: Readings in Some Basic Problems of Philosophy.Joel Feinberg - 1965 - Dickenson Pub. Co..
  40. Law and Irresponsibility: On the Legitimation of Human Suffering.Scott Veitch - 2007 - Routledge-Cavendish.
    It is commonly understood that in its focus on rights and obligations law is centrally concerned with organising responsibility. In defining how obligations are created, in contract or property law, say, or imposed, as in tort, public, or criminal law, law and legal institutions are usually seen as society’s key mode of asserting and defining the content and scope of responsibilities. This book takes the converse view: legal institutions are centrally involved in organising irresponsibility. Particularly with respect to the production (...)
  41. More Essays in Legal Philosophy.Robert S. Summers - 1971 - 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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  42. Philosophical Foundations of the Nature of Law.Wilfrid J. Waluchow & Stefan Sciaraffa (eds.) - 2013 - Oxford University Press.
    Part I. Furthering debate between leading theories of Law -- The Explantory Role of the Weak Natural Law Thesis -- In Defense of Hart -- Law's Authority is not a Claim to Preemption -- The Normative Fallacy Regarding Law's Authority -- The Problem about the Nature of Law vis-à-vis Legal Rationality Revisited : Towards an Integrative Jurisprudence -- Part II. The Power of Legal Systems -- Law as Power : Two Rule of Law Requirements -- A Comprehensive Hartian Theory of (...)
  43. Beyond All Reason: The Radical Assault on Truth in American Law.Daniel A. Farber - 1997 - Oxford University Press.
    Would you want to be operated on by a surgeon trained at a medical school that did not evaluate its students? Would you want to fly in a plane designed by people convinced that the laws of physics are socially constructed? Would you want to be tried by a legal system indifferent to the distinction between fact and fiction? These questions may seem absurd, but there are theories being seriously advanced by radical multiculturalists that force us to ask such questions. (...)
  44. State Punishment.Nicola Lacey - 1994 - 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.
  45. Justice and Punishment: The Rationale of Coercion.Matt Matravers - 2000 - Oxford University Press.
    This book aims to answer the question of why, and by what right, some people punish others. With a groundbreaking new theory, Matravers argues that the justification of punishment must be embedded in a larger political and moral theory. He also uses the problem of punishment to undermine contemporary accounts of justice.
  46. 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.
  47. 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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  48. Reasons of Identity: A Normative Guide to the Political and Legal Assessment of Identity Claims.Avigail Eisenberg - 2009 - Oxford University Press.
    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.
  49. Moral Combat.Heidi M. Hurd - 1999 - 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 (...)
  50. The Political Economy of Desire: International Law, Development and the Nation State.Jennifer Beard - 2006 - Routledge-Cavendish.
    This book offers an intelligent and thought-provoking analysis of the genealogy of Western capitalist 'development'. Jennifer Beard departs from the common position that development and underdevelopment are conceptual outcomes of the Imperialist Era and positions the genealogy of development within early Christian writings in which the western theological concepts of sin, salvation, and redemption are expounded. In doing so, she links the early Christian writings of theologians such as Augustine and , Anselm and Abelard to the processes of modern identity (...)
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