The Oxford Handbook of Jurisprudence and Philosophy of Law

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Overview

One of the first volumes in the new series of prestigious Oxford Handbooks, The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-seven of the foremost legal theorists currently writing, to provide a state of the art overview of jurisprudential scholarship. Each author presents an account of the contending views and scholarly debates animating their field of enquiry as well as setting the agenda for further study. This landmark publication will be essential reading for anyone working in legal theory and of interest to legal scholars generally, philosophers and legal theorists looking for a way in to understand current jurisprudential thinking.

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Editorial Reviews

From the Publisher
"The impressive broad survey of issues under each topic in the Handbook will prove very useful for the student or scholar hoping to acquire deeper knowledge of the major issues on a particular topic, or wishing to find references for further reading on a particular issue."
—Singapore Journal of Legal Studies

"The depth of analysis in most of the essays in the Oxford Handbook of Jurisprudence and Philosophy of Law is remarkable, as one would expect from such a range of eminent jurisprudential thinkers. The world of jurisprudence is much the richer for [its] publication." —The Irish Jurist

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Product Details

  • ISBN-13: 9780199270972
  • Publisher: Oxford University Press
  • Publication date: 4/8/2004
  • Series: Oxford Handbooks Series
  • Edition description: New Edition
  • Pages: 1064
  • Product dimensions: 9.90 (w) x 6.70 (h) x 2.20 (d)

Meet the Author

Jules Coleman is Wesley Newcomb Hohfeld Professor of Jurisprudence, Yale University

Scott Shapiro is Assistant Professor of Law, Yeshiva University Kenneth Himma is Visiting Assistant Professor of Philosophy, Seattle Pacific University

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Table of Contents

Notes on the Contributors
1: John Finnis: Natural Law: The Classical Tradition
2: Brian H. Bix: Natural Law: The Modern Tradition
3: Andrei Marmor: Exclusive Legal Positivism
4: Kenneth Eimar Himma: Inclusive Legal Positivism
5: Martin Stone: Formalism
6: William Lucy: Adjudication
7: Kent Greenawalt: Constitutional and Statutory Interpretation
8: Jules L. Coleman: Methodology
9: Jeremy Waldron: Legal and Political Philosophy
10: Scott J. Shapiro: Authority
11: John Gardner and Timothy Macklem: Reasons
12: F. M. Kamm: Rights
13: Leslie Green: Law and Obligations
14: Christopher Kutz: Responsibility
15: Gerald J. Postema: Philosophy of the Common Law
16: Benjamin C. Zipursky: Philosophy of Private Law
17: Arthur Ripstein: Philosophy of Tort Law
18: Jody S. Kraus: Philosophy of Contract Law
19: Peter Benson: Philosophy of Property Law
20: Larry Alexander: The Philosophy of Criminal Law
21: Allen Buchanan and David Golove: Philosophy of International Law
22: Timothy A.O. Endicott: Law and Language
23: Brian Leiter: Law and Objectivity
24: Edward Stein: Law, Sexual Orientation, and Gender
Index
I. Introduction
1. Introduction
II. Jurisprudence
2. Natural Law: The Classical Theory, John Finnis
3. Natural Law Theory: The Modern Tradition, Brian Bix
4. Exclusive Legal Positivism, Andrei Marmor
5. Inclusive Legal Positivism, Ken Himma
6. Methodology, Jules Coleman
7. The Relationship Between Legal and Political Philosophy, Jeremy Waldron
8. Authority, Scott Shapiro
9. Rights, Frances Kamm
10. Reasons, Reasoning, Reasonableness, John Gardner and Timothy Macklem
11. Legal Formalism: The Task of Judgement, Martin Stone
12. Law and Obligation, Leslie Green
13. Adjudication, William Lucy
14. Statutory and Constitutional Interpretation, Ken Greenawalt
III. Philosophy and Law
15. Law and Language, Timothy A. O. Endicott
16. Law and Objectivity, Brian Leiter
17. Sexual Orientation and the Law: A Critique of Two Arguments for Lesbian and Gay Rights, Edward Stein
IV. Philosophy of Law
18. Responsibility, Christopher Kutz
19. Torts, Arthur Ripstein
20. The Methodological Commitments of Contemporary Contract Theory, Jody Kraus
21. ThePhilosophy of Criminal Law, Larry Alexander
22. The Idea of Property in Private Law, Peter Benson
23. The Philosophy of International Law, Allen Buchanan and David Golove
24. The Philosophy of the Common Law, Gerald Postema
25. Private Rights of Action, Civil Recourse, and Private Law, Benjamin C. Zipursky

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