Readings in the Philosophy of Law is a concise anthology of central arguments and issues in legal theory. Selections are edited only lightly, allowing readers to grapple with arguments in their original form. Clear, accessible introductions are provided, giving readers an extra “way in” to understanding complex arguments. Particular care is taken to place arguments in historical and social context, with analogies and examples emphasizing the continuing relevance of historical and contemporary arguments. Readings are supplemented by thoughtfully constructed lists of further readings as well as discussion questions designed to invoke deeper reflection on the issues at play. New readings in this edition discuss the duty to obey, intersectional theory, legal pluralism, Indigenous law, and punishment.
Comments
“Readings in the Philosophy of Law has two strengths that set it apart from other texts. First, by including international law and legal pluralism, it is broader in scope than most legal philosophy readers. This provides students with exposure to issues that raise contemporary concerns extending beyond classical debates in legal philosophy, keeping it more relevant to the times. Second, the editors’ illuminating introductory discussions clearly lay out the various positions in each debate, enabling students to better understand the readings. I highly recommend this text.” — Brian Z. Tamanaha, Washington University Law School
“This is an excellent and highly accessible book for students and scholars of the philosophy of law. It features clear and insightful introductions to legal philosophy in general, and to the subject matter of each section. The selected readings are well-chosen, giving readers the opportunity to engage with some of the most important and fundamental works in legal philosophy. The book functions as a helpful and illuminating guide for readers as they approach those works, and encourages them to discover and consider for themselves further questions and puzzles in this fascinating subject.” — Julie Dickson, University of Oxford
Acknowledgments
Preface
Introduction
Section 1: Natural Law Theory and the Duty to Obey
- Introduction
- 1. St. Thomas Aquinas, “Treatise on Law,” from Summa Theologica
- 2. John Finnis, from Natural Law and Natural Rights
- 3. M.B.E. Smith, “Is There a Prima Facie Obligation to Obey the Law?”
- Study Questions
- Further Readings
Section 2: Legal Positivism
- Introduction
- 4. John Austin, from The Province of Jurisprudence Determined
- 5. H.L.A. Hart, “Positivism and the Separation of Law and Morals”
- 6. H.L.A. Hart, from The Concept of Law
- 7. Ronald Dworkin, “The Model of Rules I”
- Study Questions
- Further Readings
Section 3: Legal Realism and Legal Reasoning
- Introduction
- 8. Oliver Wendell Holmes, “The Path of the Law,” from The Common Law
- 9. Brian Leiter, “Constitutional Law, Moral Judgment, and the Supreme Court as Super-Legislature”
- 10. Ronald Dworkin, “Integrity in Law,” from Law’s Empire
- Study Questions
- Further Readings
Section 4: Feminist Jurisprudence and Critical Race Theory
- Introduction
- 11. Patricia Smith, “Feminist Jurisprudence and the Nature of Law,” from Feminist Jurisprudence
- 12. Catharine A. MacKinnon, “Toward Feminist Jurisprudence,” from Toward a Feminist Theory of the State
- 13. Richard Delgado, “About Your Masthead: A Preliminary Inquiry into the Compatibility of Civil Rights and Civil Liberties”
- 14. Kimberlé Crenshaw, “Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics”
- Study Questions
- Further Readings
Section 5: Legal Pluralism and Indigenous Law
- Introduction
- 15. Brian Tamanaha, “Introduction: Three Themes,” from Legal Pluralism Explained
- 16. John Borrows, “Sources and Scope of Indigenous Legal Traditions,” from Canada’s Indigenous Constitution
- 17. Raymond D. Austin, from Navajo Courts and Navajo Common Law: A Tradition of Tribal Self-Governance
- Study Questions
- Further Readings
Section 6: Law and Individual Liberty
- Introduction
- 18. John Stuart Mill, from On Liberty
- 19. Patrick Devlin, “Morals and the Criminal Law,” from The Enforcement of Morals
- 20. H.L.A. Hart, from Law, Liberty and Morality
- Study Questions
- Further Readings
Section 7: Criminal Responsibility and Punishment
- Introduction
- 21. R.A. Duff, “Choice, Character, and Action,” from Criminal Attempts
- 22. Heidi M. Hurd, “Why Liberals Should Hate ‘Hate Crime Legislation’”
- 23. Jeffrie G. Murphy, “Marxism and Retribution”
- Study Questions
- Further Readings
Section 8: The Nature of International Law
- Introduction
- 24. Hugo Grotius, “Prolegomena,” from De Jure Belli Ac Pacis Libri Tres
- 25. H.L.A. Hart, “International Law,” from The Concept of Law
- 26. Martti Koskenniemi, “The Politics of International Law”
- 27. Roger Cotterrell, “Transnational Communities and the Concept of Law”
- Study Questions
- Further Readings
Glossary
Credits
Keith C. Culver is Professor of Management at the University of British Columbia’s Okanagan Campus. Michael Giudice is Professor of Philosophy at York University. Culver and Giudice are editors of Canadian Cases in the Philosophy of Law, sixth edition (Broadview Press, 2026) and authors of The Unsteady State: General Jurisprudence for Dynamic Social Phenomena (Cambridge UP, 2017).
