A Companion to Philosophy of Law and Legal Theory / Edition 1

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Overview

"The second edition of this Companion provides a survey of philosophy of law and legal theory for students and specialists alike. Written by an international assembly of leading scholars, the articles have been revised throughout, and the addition of ten entirely new essays ensures that the volume continues to offer the most up-to-date coverage of current thinking in legal philosophy." Articles new to this edition cover the areas of risk, regulatory theory, methodology, overcriminalization, intention, coercion, unjust enrichment, the rule of law, law and society, and Kantian legal philosophy. Together, the essays provide an in-depth introduction to philosophical and legal theory, and a critical overview of the basic theoretical concepts, theories, topics, philosophical issues, and themes that now feature in the law school and undergraduate legal studies curricula.

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Editorial Reviews

From the Publisher
"This is an outstanding collection of essays on the most important, fundamental concepts of law and legal theory...Recommended for any undergraduate student in this area or for any thinking person who wants to know more about the law and its reasons for being." (M/C Reviews, February 2011)
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Product Details

  • ISBN-13: 9780631213291
  • Publisher: Wiley
  • Publication date: 6/11/1999
  • Series: Blackwell Companions to Philosophy Series
  • Edition description: Older Edition
  • Edition number: 1
  • Pages: 616
  • Sales rank: 1,277,478
  • Product dimensions: 6.80 (w) x 9.70 (h) x 1.76 (d)

Meet the Author

Dennis Patterson is Professor of Philosophy of Law and Legal Theory at the European University Institute in Florence, Italy, and is Board of Governors Professor of Law at Rutgers University School of Law (Camden, NJ). He is also Professor of Jurisprudence and International Trade at Swansea University, Wales. He has written widely in the philosophy of law and international trade law. His books include Law and Truth (1996), Mind, Meaning and Law (2008), and most recently The New Global Trading Order (2008) with Ari Afilalo. 

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Table of Contents

List of contributors
Preface
1 Property law 3
2 Contract 24
3 Tort law 57
4 Criminal law 80
5 Public international law 96
6 Constitutional law and religion 113
7 Constitutional law and interpretation 126
8 Constitutional law and privacy 139
9 Constitutional law and equality 156
10 Evidence 172
11 Comparative law 184
12 Interpretation of statutes 200
13 Conflict of laws 209
14 Natural law theory 223
15 Legal positivism 241
16 Legal realism 261
17 Critical legal studies 280
18 Post-realism and legal process 291
19 Feminist jurisprudence 302
20 Law and economics 311
21 Legal formalism 332
22 German legal philosophy and theory in the nineteenth and twentieth centuries 343
23 Marxist theory of law 355
24 Deconstruction 367
25 Postmodernism 375
26 Legal pragmatism 385
27 Law and anthropology 397
28 The sociology of law 406
29 Law and theology 421
30 Law and morality 436
31 Law and literature 450
32 The duty to obey the law 465
33 Legal enforcement of morality 475
34 Indeterminacy 488
35 Precedent 503
36 Punishment and responsibility 514
37 Loyalty 524
38 Coherence 533
39 The welfare state 553
40 Legal scholarship 562
41 Authority of law 573
42 Analogical reasoning 583
Index 591
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