The Blackwell Guide to the Philosophy of Law and Legal Theory / Edition 1

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Overview

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.
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Editorial Reviews

From the Publisher
“Golding and Edmundson have assembled many of the most luminous figures in legal theory to write deep and totally original essays on a variety of central jurisprudential topics. The authors are the right people writing on the right subjects, and this book is likely to become a standard source for many years to come.”

Frederick Schauer, Harvard University

“In addition to offering excellent introductions to the central topics of legal philosophy, the articles in this volume are in their own right distinguished scholarly contributions to the field. Students and specialists alike will find the book to be of great interest.”

Stephen Perry, New York University School of Law

“This is a Guide that actually guides. All the contributors provide excellent routemaps, sometimes across very tricky terrain. At the same time, many of the contributors open up new paths and new vistas. The result is a book that works at more than one level: accessible secondary literature for those just mastering the subject as well as challenging primary literature for those already steeped in it.”

John Gardner, University of Oxford

"Convincing, lively, coherent, applied, unpretentious, even though within a predominantly western paradigm, this guide is real value for money. It is a guide not just to facts and ideas but also to method; in addition it will serve as a portal for collection managers to a wide range of must-haves for the library."

Stuart Hannabuss, Aberdeen Business School, Aberdeen

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Product Details

  • ISBN-13: 9780631228325
  • Publisher: Wiley
  • Publication date: 11/22/2004
  • Series: Blackwell Philosophy Guides Series , #30
  • Edition description: New Edition
  • Edition number: 1
  • Pages: 368
  • Product dimensions: 6.80 (w) x 9.70 (h) x 1.10 (d)

Table of Contents

Introduction 1
1 Natural law theory 15
2 Legal positivism 29
3 American legal realism 50
4 Economic rationality in the analysis of legal rules and institutions 67
5 Critical legal theory 80
6 Four themes in feminist legal theory : difference, dominance, domesticity, and denial 90
7 Criminal law theory 107
8 Philosophy of tort law 122
9 Contract theory 138
10 The commons and the anticommons in the law and theory of property 148
11 Legal evidence 163
12 Legal and moral obligation 179
13 Theories of rights 191
14 A contractarian approach to punishment 207
15 Responsibility 221
16 Legislation 236
17 Constitutionalism 248
18 Adjudication and legal reasoning 259
19 Privacy 271
20 Continental perspectives on natural law theory and legal positivism 287
21 Some contemporary trends in continental philosophy of law 300
22 Objectivity 315
23 Can there be a theory of law? 324
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