Philosophy of Law: The Fundamentals / Edition 1

Philosophy of Law: The Fundamentals / Edition 1

by Mark C. Murphy
     
 

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ISBN-10: 1405129468

ISBN-13: 9781405129466

Pub. Date: 08/21/2006

Publisher: Wiley

Beginning with the deceptively simple question "What is law?" Philosophy of Law introduces readers to the basic analytical and normative issues in the field. The volume is a wide-ranging text that discusses the concepts of law, highlights key historical and contemporary thinkers who have shaped the discourse, and provides a unified treatment of the various

Overview

Beginning with the deceptively simple question "What is law?" Philosophy of Law introduces readers to the basic analytical and normative issues in the field. The volume is a wide-ranging text that discusses the concepts of law, highlights key historical and contemporary thinkers who have shaped the discourse, and provides a unified treatment of the various issues in the philosophy of law.

Murphy frames the discussion with three central commonplaces about law: that it is authoritative, that it is a social matter, and that it is for the common good. Enlivened with numerous everyday examples, this text is an important resource for students coming to the subject for the first time.

Product Details

ISBN-13:
9781405129466
Publisher:
Wiley
Publication date:
08/21/2006
Series:
Fundamentals of Philosophy Series
Edition description:
1ST
Pages:
232
Product dimensions:
6.30(w) x 9.35(h) x 0.85(d)

Table of Contents

Acknowledgments.

Introduction.

0.1 Philosophy, the Familiar, and the Unfamiliar.

0.2 What Are Our Commonplaces About Law?.

0.3 The Course of Our Inquiry.

For Further Reading.

Chapter 1: Analytical Fundamentals: The Concept of Law.

1.1 The Question, and its Importance.

1.2 Basic Austinianism.

1.3 Positivist Lessons.

1.4 Hartian Positivism.

1.5 Interlude: Hard and Soft Positivisms.

1.6 Natural Law Theory.

1.7 Fuller’s Procedural Natural Law Theory.

1.8 Aquinas’s Substantive Natural Law Theory.

1.9 A Suggested Resolution.

Appendix: Why is it Called “Natural Law Theory”?.

For Further Reading.

Chapter 2: Normative Fundamentals: The Basic Roles of Paradigmatic Legal Systems.

2.1 What are the Basic Roles of Paradigmatic Legal Systems?.

2.2 The Role of Subject.

2.3 The Role of Legislator.

2.4 The Role of Judge.

For Further Reading.

Chapter 3: The Aims of Law.

3.1 The Aims of Law and the Common Good.

3.2 The Harm-to-others Principle.

3.3 Challenges to the Harm-to-others Principle: Types of Harm.

3.4 Challenges to the Harm-to-others Principle: The Party Armed.

3.5 Morals Legislation.

For Further Reading.

4 The Nature and Aims of the Criminal Law.

4.1 Types of Legal Norms.

4.2 Crime and Punishment.

4.3 Two Normative Theories of Punishment.

4.4 Justification and Excuse.

For Further Reading.

5 The Nature and Aims of Tort Law.

5.1 Torts and Crimes.

5.2 Torts and Damages.

5.3 Economic and Justice Accounts of Negligence Torts.

5.4 Elements of the Negligence Tort.

5.5 Damages.

5.6 Intentional Torts and Torts of Strict Liability.

For Further Reading.

6 Challenging the Law.

6.1 Putting Legal Roles to the Question.

6.2 Against the Role of Subject: Philosophical Anarchism.

6.3 Against the Role of Legislator: Marxism / Feminist Legal Theory / Critical Race Theory.

6.4 Against the Role of Judge: American Legal Realism / Critical Legal studies.

For Further Reading.

Index.

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