Philosophy of Law The Fundamentals

The Philosophy of Law is a broad-reaching text that guides readers through the basic analytical and normative issues in the field, highlighting key historical and contemporary thinkers and offering a unified treatment of the various issues in the philosophy of law. Enlivened with numerous, everyday examples to illustrate various concepts of law. Employs the idea of three central commonplaces about law - that law is a social matter, that law is authoritative, and that law is for the common good - to organize seemingly disparate topics and to bring rival views into contention with each other. The first volume in the Fundamentals of Philosophy series, in which leading philosophers explore the fundamental issues and core problems in the major sub-disciplines of philosophy.

Mark C. Murphy is Professor of Philosophy at Georgetown University, where he works in moral, political, and legal philosophy. He is the author of Natural Law and Practical Rationality (2001), An Essay on Divine Authority (2002), and Natural Law in Jurisprudence and Politics (2006), and the editor of Alasdair MacIntyre (2003).

Acknowledgments
Introduction
Philosophy, the Familiar, and the Unfamiliar
What Are Our Commonplaces About Law?
The Course of Our Inquiry
For Further Reading
Analytical Fundamentals: The Concept of Law
The Question, and its Importance
Basic Austinianism
Positivist Lessons
Hartian Positivism
Interlude: Hard and Soft Positivisms
Natural Law Theory
FullerÆs Procedural Natural Law Theory
AquinasÆs Substantive Natural Law Theory
A Suggested Resolution
Appendix: Why is it Called ôNatural Law Theoryö?
For Further Reading
Normative Fundamentals: The Basic Roles of Paradigmatic Legal Systems
What are the Basic Roles of Paradigmatic Legal Systems?
The Role of Subject
The Role of Legislator
The Role of Judge
For Further Reading
The Aims of Law
The Aims of Law and the Common Good
The Harm-to-others Principle
Challenges to the Harm-to-others Principle: Types of Harm
Challenges to the Harm-to-others Principle: The Party Armed
Morals Legislation
For Further Reading
The Nature and Aims of the Criminal Law
Types of Legal Norms
Crime and Punishment
Two Normative Theories of Punishment
Justification and Excuse
For Further Reading
The Nature and Aims of Tort Law
Torts and Crimes
Torts and Damages
Economic and Justice Accounts of Negligence Torts
Elements of the Negligence Tort
Damages
Intentional Torts and Torts of Strict Liability
For Further Reading
Challenging the Law
Putting Legal Roles to the Question
Against the Role of Subject: Philosophical Anarchism
Against the Role of Legislator: Marxism / Feminist Legal Theory / Critical Race Theory
Against the Role of Judge: American Legal Realism / Critical Legal studies
For Further Reading
Index
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Philosophy of Law The Fundamentals

Summary

Author Biography

Table of Contents

Supplemental Materials

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Philosophy of Law The Fundamentals

Summary

Author Biography

Table of Contents

Supplemental Materials

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