The Blackwell Guide To The Philosophy Of Law

Written by an international assembly of distinguished philosophers and legal theorists, The Blackwell Guide to the Philosophy of Law and Legal Theory creates a groundbreaking student resource in critical essays on the central themes and issues of the philosophy of law today.

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.

Notes on Contributors

vii

Introduction

1

(12)

William A. Edmundson

Part I Contending Schools of Thought

13

(92)

Natural Law Theory

15

(14)

Mark C. Murphy

Legal Positivism

29

(21)

Brian H. Bix

American Legal Realism

50

(17)

Brian Leiter

Economic Rationality in the Analysis of Legal Rules and Institutions

67

(13)

Lewis A. Kornhauser

Critical Legal Theory

80

(10)

Mark V. Tushnet

Four Themes in Feminist Legal Theory: Difference, Dominance, Domesticity, and Denial

90

(15)

Patricia Smith

Part II Doctrinal Domains and their Philosophical Foundations

105

(72)

Criminal Law Theory

107

(15)

Douglas Husak

Philosophy of Tort Law

122

(16)

Benjamin C. Zipursky

Contract Theory

138

(10)

Eric A. Posner

The Commons and the Anticommons in the Law and Theory of Property

148

(15)

Stephen R. Munzer

Legal Evidence

163

(14)

Alvin I. Goldman

Part III Perennial Topics

177

(108)

Legal and Moral Obligation

179

(12)

Matthew H. Kramer

Theories of Rights

191

(16)

Alon Harel

A Contractarian Approach to Punishment

207

(14)

Claire Finkelstein

Responsibility

221

(15)

Martin P. Golding

Legislation

236

(12)

Jeremy J. Waldron

Constitutionalism

248

(11)

Larry A. Alexander

Adjudication and Legal Reasoning

259

(12)

Richard Warner

Privacy

271

(14)

William A. Edmundson

Part IV Continental Perspectives

285

(28)

Continental Perspectives on Natural Law Theory and Legal Positivism

287

(13)

Jes Bjarup

Some Contemporary Trends in Continental Philosophy of Law

300

(13)

Guy Haarscher

Part V Methodological Concerns

313

(30)

Objectivity

315

(9)

Nicos Stavropoulos

Can There Be a Theory of Law?

324

(19)

Joseph Raz

Index

343

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The Blackwell Guide To The Philosophy Of Law And Legal Theory

Summary

Author Biography

Table of Contents

Supplemental Materials

FREE SHIPPING

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The Blackwell Guide To The Philosophy Of Law And Legal Theory

Summary

Author Biography

Table of Contents

Supplemental Materials

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