The Blackwell Guide to the Philosophy of Law and Legal Theory

The Blackwell Guide to the Philosophy of Law and Legal Theory is a handy guide to the state of play in contemporary philosophy of law and legal theory.

• Comprises 23 essays critical essays on the central themes and issues of the philosophy of law today, written by an international assembly of distinguished philosophers and legal theorists

• Each essay incorporates essential background material on the history and logic of the topic, as well as advancing the arguments

• Represents a wide variety of perspectives on current legal theory

Auteur
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.

Texte du rabat
Written by an international assembly of distinguished philosophers and legal theorists, The Blackwell Guide to the Philosophy of Law and Legal Theory brings into focus the central contemporary themes and issues in the area. Each of the 23 essays incorporates essential background material and advances key arguments. Topics include legal positivism, natural law theory, critical legal theory, American Legal Realism, feminist legal theory, criminal law, contract law, tort law, evidence, obligation, theories of rights, punishment, legal reasoning, objectivity, theories of law, continental perspectives on law, and many others.

Résumé

The Blackwell Guide to the Philosophy of Law and Legal Theory is a handy guide to the state of play in contemporary philosophy of law and legal theory.

• Comprises 23 essays critical essays on the central themes and issues of the philosophy of law today, written by an international assembly of distinguished philosophers and legal theorists
• Each essay incorporates essential background material on the history and logic of the topic, as well as advancing the arguments
• Represents a wide variety of perspectives on current legal theory

Contenu
Notes on Contributors. Introduction: William A. Edmundson (Georgia State University).

Part I: Contending Schools of Thought:.

1. Legal Positivism: Brian H. Bix (University of Minnesota).

2. Natural Law Theory: Mark C. Murphy (Georgetown University.

3. American Legal Realism: Brian Leiter (University of Texas at Austin).

4. Economic Rationality in the Analysis of Legal Rules and Institutions: Lewis A. Kornhauser (New York University).

5. Critical Legal Theory: Mark V. Tushnet (Georgetown University).

6. Four Themes in Feminist Legal Theory: Difference, Dominance, Domesticity, and Denial: Patricia Smith (Baruch College and the Graduate Center, City University of New York).

Part II: Doctrinal Domains and Their Philosophical Foundations:.

7. Criminal Law Theory: Douglas Husak (Rutgers University).

8. Philosophy of Tort Law: Between the Banal and the Esoteric: Benjamin C. Zipursky (Fordham University).

9. Contract Theory: Eric Posner (University of Chicago).

10. The Commons and the Anticommons in the Law and Theory of Property: Stephen R. Munzer (University of California, Los Angeles).

11. Legal Evidence: Alvin I. Goldman (Rutgers University).

Part III: Perennial Topics:.

12. Obligation: Matthew H. Kramer (Cambridge University).

13. Theories of Rights: Alon Harel (University of Jerusalem).

14. A Contractarian Approach to Punishment: Claire Finklestein (University of Pennsylavania).

15. Responsibility: Martin P. Golding (Duke University).

16. Legislation: Jeremy J. Waldron (Columbia University).

17. Constitutionalism: Larry A. Alexander (University of San Diego).

18. Adjudication and Legal Reasoning: Richard Warner (Illinois Institute of Technology).

19. Privacy: William A. Edmundson (Georgia State University).

Part IV: Continental Perspectives:.

20. On Legal Positivism and Natural Law Theory: Jes Bjarup (Stockholm University).

21. Some Contemporary Trends in Continental Philosophy of Law: Guy Haarscher (Free University of Brussels).

Part V: Methodological Concerns:.

22. Objectivity: Nicos Stavropoulos (Oxford University).

23. Can There Be a Theory of Law?: Joseph Raz (Oxford University).

Index