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Philosophy of Law: An Introduction 4th ed


ISBN13: 9781032892481
Previous Edition ISBN: 0415334411
To be Published: January 2027
Publisher: Routledge
Country of Publication: UK
Format: Paperback
Price: £43.99





Philosophy of Law: An Introduction provides an ideal starting point for students of philosophy and law. Setting it clearly against the historical background, Mark Tebbit quickly leads readers into the heart of the philosophical questions that dominate philosophy of law today. He provides an exceptionally wide-ranging overview of the contending theories that have addressed these problems. No prior knowledge on the part of the reader is assumed.

The book is structured in three clear parts:

  • what is law? – the major theories addressing the question of what we mean by law, especially common law, natural law and legal positivism
  • the reach of the law – the limits of authorised law are explored and discussed, in relation to the duty to obey and the right to disobey; the fight for liberty and the right to be tried by one’s peers
  • criminal law – responsibility and mens rea, intention, recklessness, manslaughter and murder, legal defences of necessity, duress and insanity, and philosophies of punishment

This fourth edition updates important developments, in particular recent legislation and case law in the first quarter of the twenty-first century. There is extended analysis of natural law, a new chapter on common law, a revised chapter on the controversy over Nazi law, new chapters on slavery, liberties and the role of the jury, further examples of civil disobedience and extensively revised chapters on gross negligence manslaughter and punishment.

Subjects:
Jurisprudence
Contents:
Acknowledgements
Preface to the Fourth Edition

Part 1: What is the Law?
1. Natural Justice and Natural Law
2. English Common Law
3. The Rise of Legal Positivism
4. Mid-Twentieth Century Positivism: Hart and Kelsen
5. Dworkin’s Theory of Law as Integrity
6. American Legal Realism: Judge-Made Law
7. Legal Theory and Nazi Law
8. Radical Challenges to Mainstream Jurisprudence

Part 2: The Reach of the Law
9. Theories of Obligation: Why Obey the Law?
10. Rawls and Civil Disobedience
11. Liberties, Rights and Trial by Jury
12. Defences of Rights
13. Common Law and Slavery
14. Radical Critiques of Liberal Theories of Law

Part 3: Criminal Responsibility and Punishment
15. Negligence and Recklessness
16. Intentional Killing and Murder
17. The Defences of Duress and Necessity
18. Insanity and the Law
19. Theories of Punishment
20. Radical Perspectives on Crime and Punishment.

Appendix
Glossary
Bibliography
Index