The Philosophy of Law: An Introduction to Jurisprudence (Google eBook)

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Westview Press, Dec 1, 1989 - Juvenile Nonfiction - 256 pages
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In this revised edition, two distinguished philosophers have extended and strengthened the most authoritative text available on the philosophy of law and jurisprudence. While retaining their comprehensive coverage of classical and modern theory, Murphy and Coleman have added new discussions of the Critical Legal Studies movement and feminist jurisprudence, and they have strengthened their treatment of natural law theory, criminalization, and the law of torts. The chapter on law and economics remains the best short introduction to that difficult, controversial, and influential topic.Students will appreciate the careful organization and clear presentation of complicated issues as well as the emphasis on the relevance of both law and legal theory to contemporary society.
  

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Contents

THE NATURE OF LAW
7
Natural Law Theory
12
Legal Positivism
20
Legal Realism
34
The Reemergence of Natural Law
37
Critical Legal Studies and Feminist Jurisprudence
52
Notes
56
Suggestions for Further Reading
67
Utilitarianism and Deterrence
118
Kantianism and Retribution
121
Mental States Excuses and Strict Liability
125
Choosing the Proper Punishment
131
Notes
138
Suggestions for Further Reading
142
Philosophy and the Private Law
144
Contract Law
162

MORAL THEORY AND ITS APPLICATION TO LAW
68
The Nature of Morality
69
The Nature of Moral Philosophy and Moral Theory
71
Utilitarianism and Social Policy
73
Kantianism Rights and Respect for Persons
76
Freedom of Speech and Press
83
Moral Skepticism and the Limitations of Constitutional Analysis
95
Notes
100
Suggestions for Further Reading
108
Crime and Punishment
110
Why Have the Criminal Law at All?
111
Notes
176
Suggestions for Further Reading
180
Law and Economics
182
Basic Concepts and Models
183
Applying Economics to Law
199
Objections to the Economic Analysis of Law
214
Notes
230
Suggestions for Further Reading
234
Table of Cases Cited
236
Index
237
Copyright

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Page 176 - If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.
Page 22 - If a determinate human superior, not in a habit of obedience to a like superior, receive habitual obedience from the bulk of a given society, that determinate superior is sovereign in that society, and the society (including the superior) is a society political and independent...
Page 56 - God uncovered? doth not even nature itself teach you, that, if a man have long hair, it is a shame unto him? but if a woman have long hair, it is a glory to her: for her hair is given her for a covering.
Page 104 - ... information procured or obtained by him and published in the newspaper on which he is engaged, connected with or employed.
Page 56 - Consequently the first principle in the practical reason is one founded on the notion of good, viz., that good is that which all things seek after. Hence this is the first precept of law, that good is to be done and pursued, and evil is to be avoided.
Page 132 - Juridical punishment can never be administered merely as a means for promoting another good either with regard to the criminal himself or to civil society, but must in all cases be imposed only because the individual on whom it is inflicted has committed a crime.
Page 56 - Doth not even nature itself teach you, that, if a man have long hair, it is a dishonour to him? But if a woman have long hair, it is a glory to her : for her hair is given her for a covering.
Page 66 - Neither reason, nor love, nor even terror, seems to have worked to make us "good," and worse than that, there is no reason why anything should. Only if ethics were something unspeakable by us, could law be unnatural, and therefore unchallengeable. As things now stand, everything is up for grabs. Nevertheless: Napalming babies is bad. Starving the poor is wicked. Buying and selling each other is depraved. Those who stood up to and died resisting Hitler, Stalin, Amin, and Pol Pot— and General Custer...
Page 29 - ... while primary rules are concerned with the actions that individuals must or must not do, these secondary rules are all concerned with the primary rules themselves. They specify the ways in which the primary rules may be conclusively ascertained, introduced, eliminated, varied...
Page 95 - Imagine I approach a stranger on the street and say to him, "If you please, sir, I desire to perform an experiment with your aid." The stranger is obliging, and I lead him away. In a dark place conveniently by, I strike his head with the broad of an axe and cart him home. I place him, buttered and trussed, in an ample electric oven. The thermostat reads 450° F.

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About the author (1989)

Jeffrie G. Murphyis professor of law and philosophy at Arizona State University.Jules L. Colemanis professor of law and philosophy, lecturer in political science, and fellow in law, economics, and public policy at Yale Law School.