The Blackwell Guide to the Philosophy of Law and Legal Theory
Blackwell Philosophy Guides
1. Edition September 2004
368 Pages, Softcover
Wiley & Sons Ltd
ISBN:
978-0-631-22832-5
John Wiley & Sons
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
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
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
"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
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
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.
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.
