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The Philosophy of Law


ISBN13: 9780815313441
ISBN: 0815313446
Published: January 2001
Publisher: Taylor & Francis
Format: Hardback
Price: £325.00




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The first major study of the intersections between philosophy and law This volume delivers systematic and sustained coverage of the many dimensions of legal thought, and gives full expression to the true breadth and depth of the philosophy of law. Areas covered include; The ways of understanding and the kinds of normativity used in the law Studies in international, constitutional, criminal, administrative, persons and property, contracts and tort areas of the law - including their historical origins and world-wide ramifications Current legal cultures - such as common law and civilian, European, and Aboriginal Influential jurisprudents and their biographies All influential schools and methods Studies of important historical, cultural, and geographical settings for legal philosophy Coverage ranges from Machiavelli to Marx and from Utilitarianism to the Fascist philosophy of law. As well as the consideration of current legal cultures are treatments of other periods significant to legal thinking, such as the Hellenistic, the sixteenth century and the Federalist.;Discussion of the practice of legal philosophy today In every major area where public policy gives rise to philosophical inquiry regarding the law, debates and discussions are covered in full: tort reform, protection of life and death, gay rights, objectives in punishment, non-putative detention, international deterrence, and legitimacy of government are all comprehensively studied. An invaluable and unique research resource Contributions from approximately 400 prominent legal and philosophical scholars from around the world complement the volume's international scope. Many of the contributors are active participants in the issues discussed, making the book's focus a pertinent and contemporary look at all the major topics under discussion in recent literature on philosophy and law. Detailed bibliographies after each entry facilitate further research.

Contents:
Sampling of the Coverage: Aboriginal Legal Cultures, Abortion, Aesthetics, American Jurists 1860-1960, Authority, Capital Punishment, Citizenship, Coercion, Common Good, Conscientious Objection, Dignity, Discourse Theory, Ecclesiastical Jurisdiction, Legal Ethics, Federal Jurists 1800-1860, Founding Jurists 1760-1800, Frankfurt School, Fundamental Rights, Human Rights, Ideology, Intellectual Property, Judicial Independence, Morality, Natural Law, Order, Plea Bargains, Pornography, Professional Ethics, Property, Psychoanalysis, Punishment, Rebellion, Restitutionary Rationale, Rights and Liberties, Risk Assessment, Self-Determination, Sentencing, Testimony and Expert Evidence, Truth, Universal Rights, Utilitarianism, Values, Vengeance.