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Vol 23 No 6 June/July 2018

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Analyzing Law: New Essays in Legal Theory

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ISBN13: 9780198265832
ISBN: 0198265832
Published: October 1998
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £96.00

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

The articles in this collection cover a wide range of approaches to law and legal theory, including Analytical Jurisprudence, Legal Realism, Law and Economics, Critical Legal Studies, Feminism, and Critical Race Theory. The essays consider foundational questions regarding the objectivity of law, the nature of rules, the relationship of law and morality and the philosophical foundations of the common law, and offer critical inquiries into whether law systematically fails women and racial minorities.;The contributors, who include some of the best-known names in legal theory from the United States, Britain, Canada, and Israel, are responsible for some of the most important and challenging work in legal theory today. A central focus of the essays in this work is the contribution of the well-known philosopher Jules Coleman to the various topics which are covered by the contributors.

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Introduction; I. THEORY AND METHODOLOGY; 1. An Essay on The Objectivity of Law; 2. The Difference That Rules Make; II. SCHOOLS OF THOUGHT; 3. Positivism Through Thick and Thin; 4. Naturalism and Naturalized Jurisprudence; III. PHILOSOPHICAL FOUNDATIONS OF THE COMMON LAW; 5. Supereditor or Translator: Comments on Coleman; 6. Is Coleman Hobbes or Hume (or perhaps Locke)?; 7. The Distributive Turn: Mischief, Misfortune and Tort Law; 8. Of Aristotle and Ice Cream Cones: Reflections on Jules Coleman's Theory of Corrective Justice; IV. CRITICAL PERSPECTIVES; 9. Contract, Marriage and Background Rules; 10. The Other Utilitarians; 11. Defending the Interdeterminacy Thesis; 12. Choice, White Supremacy, Coleman: Philosophy of Economics, Race, and the Law; V. RESPONSE; 13. Second Thoughts and Other First Impressions