The Blackwell Guide To The Philosophy Of Law And Legal Theory

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Edition: 1st
Format: Paperback
Pub. Date: 2004-11-12
Publisher(s): BLACKWELL PUBLISHERS
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Summary

Written by an international assembly of distinguished philosophers and legal theorists, The Blackwell Guide to the Philosophy of Law and Legal Theory creates a groundbreaking student resource in critical essays on the central themes and issues of the philosophy of law today.

Author Biography

Martin P. Golding is Professor of Philosophy and Professor of Law at Duke University, where he directs the joint law-philosophy program. His books include Philosophy of Law (1975), Legal Reasoning (1984), and Free Speech on Campus (2000). He is also editor of Jewish Law and Legal Theory (1994).


William A. Edmundson is Professor of Law and of Philosophy at Georgia State University. He is author of Three Anarchical Fallacies (1998) and An Introduction to Rights (2004), and editor of The Duty to Obey the Law (1999). He is General Editor of the book series, Cambridge Introductions to Law and Philosophy.

Table of Contents

Notes on Contributors vii
Introduction 1(12)
William A. Edmundson
Part I Contending Schools of Thought
13(92)
Natural Law Theory
15(14)
Mark C. Murphy
Legal Positivism
29(21)
Brian H. Bix
American Legal Realism
50(17)
Brian Leiter
Economic Rationality in the Analysis of Legal Rules and Institutions
67(13)
Lewis A. Kornhauser
Critical Legal Theory
80(10)
Mark V. Tushnet
Four Themes in Feminist Legal Theory: Difference, Dominance, Domesticity, and Denial
90(15)
Patricia Smith
Part II Doctrinal Domains and their Philosophical Foundations
105(72)
Criminal Law Theory
107(15)
Douglas Husak
Philosophy of Tort Law
122(16)
Benjamin C. Zipursky
Contract Theory
138(10)
Eric A. Posner
The Commons and the Anticommons in the Law and Theory of Property
148(15)
Stephen R. Munzer
Legal Evidence
163(14)
Alvin I. Goldman
Part III Perennial Topics
177(108)
Legal and Moral Obligation
179(12)
Matthew H. Kramer
Theories of Rights
191(16)
Alon Harel
A Contractarian Approach to Punishment
207(14)
Claire Finkelstein
Responsibility
221(15)
Martin P. Golding
Legislation
236(12)
Jeremy J. Waldron
Constitutionalism
248(11)
Larry A. Alexander
Adjudication and Legal Reasoning
259(12)
Richard Warner
Privacy
271(14)
William A. Edmundson
Part IV Continental Perspectives
285(28)
Continental Perspectives on Natural Law Theory and Legal Positivism
287(13)
Jes Bjarup
Some Contemporary Trends in Continental Philosophy of Law
300(13)
Guy Haarscher
Part V Methodological Concerns
313(30)
Objectivity
315(9)
Nicos Stavropoulos
Can There Be a Theory of Law?
324(19)
Joseph Raz
Index 343

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