Readings in the Philosophy of Law – Second Edition
9781551118109.jpg
  • Publication Date: August 29, 2007
  • ISBN: 9781551118109 / 1551118106
  • 440 pages; 7¾" x 9¼"
Exam Copy

Availability: Worldwide

Readings in the Philosophy of Law – Second Edition

  • Publication Date: August 29, 2007
  • ISBN: 9781551118109 / 1551118106
  • 440 pages; 7¾" x 9¼"

A new edition of this book is forthcoming in July 2017

The second edition of Readings in the Philosophy of Law is a concise anthology of key arguments in the philosophy of law, organized around the ideas of law and legal reasoning, limits on individual liberty, responsibility, and international law. Selections new to this edition update the anthology while continuing to present legal theory as a set of closely intertwined arguments. Critical Race Theory is addressed, as are challenges to legal theory posed by the emergence of the European Union.

The readings provide superb coverage of both classic and contemporary views, and they are edited only lightly to allow readers to grapple with arguments in their original form. Culver’s clear, accessible introductions discuss key terms, claims, issues, connections and points of conflict in each section. Culver takes particular care to place arguments in their historical and social context, with analogies and examples emphasizing the continuing relevance of historical and contemporary arguments.

Comments

“This is an important collection for students and teachers seeking a sophisticated survey of the major traditions and topics in the philosophy of law.” — Emilios Christodoulidis, University of Glasgow

“The second edition of Readings in the Philosophy of Law displays a fine balance between classic and contemporary readings, covering a broad range of topics. Each section begins with a well-informed, easy-to-read introduction, and ends with a very useful list of study questions and further readings. These should be of immense value to students and instructors alike. In short, Readings in the Philosophy of Law is a well-crafted, authoritative text, of ideal length and modest cost. Highly recommended.” — Wil Waluchow, McMaster University

Readings in the Philosophy of Law, second edition, is a very well-conceived text that permits students to engage challenging material in a stimulating fashion. It should prove valuable to teachers and students in a variety of disciplines.” — Colin McLeod, University of Victoria

“This is an excellent introduction to philosophy of law. The extracts are up-to-date, very wisely chosen, and long enough to be interesting, challenging, and valuable. The commentary is excellently clear and will be helpful to the beginning student. The commentary also shows the student why philosophy of law is important and interesting, and how, like all philosophy, it proceeds by dialogue. The commentary and the study questions serve to focus the mind on the key issues, and to make the student think about the soundness of the arguments on which the views are based, and, even more importantly, about which of them are true and in what ways they are true. Keith Culver is to be congratulated.” — Anthony Lesser, University of Manchester

Acknowledgements
Preface
Introduction
Further Readings

SECTION I The Idea of Law and Legal Reasoning

Chapter 1 Natural Law Theory

  • Introduction
    St. Thomas Aquinas, “Treatise on Law,” Questions 90-91, 94-96, Summa Theologica
    John Finnis, from Natural Law and Natural Rights
    Study Questions
    Further Readings

Chapter 2 Legal Positivism

  • Introduction
    John Austin, from The Province of Jurisprudence Determined
    H.L.A. Hart

    • “Positivism and the Separation of Law and Morals”
      “Law as the Union of Primary and Secondary Rules,” The Concept of Law
      from “The Foundations of a Legal System,” The Concept of Law
  • Study Questions
    Further Readings

Chapter 3 Integrity

  • Introduction
    Ronald Dworkin
    • “The Model of Rules I,” Taking Rights Seriously
      “Integrity in Law,” Law’s Empire
  • Riggs v. Palmer 22 N.E. 188 (1889)
    Study Questions
    Further Readings

Chapter 4 Legal Realism

  • Introduction
    Oliver Wendell Holmes, “The Path of the Law,” The Common Law
    Jerome Frank
    • “Preface to Sixth Printing,” Law and the Modern Mind
      “Legal Realism,” Law and the Modern Mind

    Lochner v. New York 198 U.S. 45 (1905)

  • Study Questions
    Further Readings

Chapter 5 Recent Developments: Feminist Jurisprudence and Critical Race Theory

  • Introduction
    Patricia Smith, “Feminist Jurisprudence and the Nature of Law,” Feminist Jurisprudence
    Catharine A. MacKinnon, “Toward Feminist Jurisprudence,” Toward a Feminist Theory of the State
    Richard Delgado, “About Your Masthead: A Preliminary Inquiry into the Compatibility of Civil Rights and Civil Liberties”
    Study Questions
    Further Readings

SECTION II Law and Limits on Individual Liberty

  • Introduction
    John Stuart Mill, from On Liberty
    Gerald Dworkin, “Paternalism,” Morality, Harm and the Law
    Patrick Devlin, “Morals and the Criminal Law,” The Enforcement of Morals
    H.L.A. Hart, from Law, Liberty and Morality
    Study Questions
    Further Readings

SECTION III Responsibility

  • Introduction
    H.L.A. Hart, “Postcript: Responsibility and Retribution,” Punishment and Responsibility
    R.A. Duff , “Choice, Character, and Action,” Criminal Attempts
    R v Shivpuri 2 All ER [1986]
    Study Questions
    Further Readings

SECTION IV The Nature of International Law

  • Introduction
    Hugo Grotius, “Prolegomena,” De Jure Belli Ac Pacis Libri Tres
    H.L.A. Hart, “lnternational Law,” The Concept of Law
    Martti Koskenniemi, “The Politics of lnternational Law”
    D. Neil MacCormick, “On Sovereignty and Post-Sovereignty,” Questioning Sovereignty
    Study Questions
    Further Readings

Glossary

Sources

Keith C. Culver is associate professor of philosophy and Director of the Centre for Social Innovation Research at the University of New Brunswick, Fredericton.