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

Front Cover
Westview Press, Dec 4, 1989 - Juvenile Nonfiction - 256 pages
1 Review
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.

What people are saying - Write a review

We haven't found any reviews in the usual places.

Related books

Selected pages


Natural Law Theory
Legal Positivism
Legal Realism
The Reemergence of Natural Law
Critical Legal Studies and Feminist Jurisprudence
Suggestions for Further Reading
Utilitarianism and Deterrence
Kantianism and Retribution
Mental States Excuses and Strict Liability
Choosing the Proper Punishment
Suggestions for Further Reading
Philosophy and the Private Law
Contract Law

The Nature of Morality
The Nature of Moral Philosophy and Moral Theory
Utilitarianism and Social Policy
Kantianism Rights and Respect for Persons
Freedom of Speech and Press
Moral Skepticism and the Limitations of Constitutional Analysis
Suggestions for Further Reading
Crime and Punishment
Why Have the Criminal Law at All?
Suggestions for Further Reading
Law and Economics
Basic Concepts and Models
Applying Economics to Law
Objections to the Economic Analysis of Law
Suggestions for Further Reading
Table of Cases Cited

Common terms and phrases

Popular passages

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.

References to this book

All Book Search results »

References from web pages

PHL/POL 3132A Philosophy of Law
More particularly, the philosophy of law helps students to assess the authority of the state to rule its citizens, and this is central to most political ... ~cperring/ phl3132f05.html

Cengage - Political Science - Student Product Details Page ...
Philosophy of Law, 7th Edition. Philosophy of Law, 7th Edition. Joel Feinberg - Late of University of Arizona. Jules Coleman - Yale Law School ... cengage/ disciplinenumber=20

PHILOSOPHY 119, Philosophy of Law, Spring 2002
1989), as reprinted in Readings in the Philosophy of Law, ed. .... from Philosophy of Law (2nd edition), ed. Joel Feinberg and Hyman Gross (Belmont, ... ~crosati/ PHIL%20324,%20Coursepack,%202006.doc

PHI # Philosophy of Law
Philosophy of Law, 6. th. Edition, edited by Joel Feinberg and Jules Coleman (Be sure you. get the 6. th. edition since older editions may not contain all ... ~nthanna/ law.pdf

Ratio Juris: An International Journal of Jurisprudence and ...
In Philosophy of Law . 3rd ed. Ed. J. Feinberg and H. Gross. Belmont, Cal. : Wadswath. If in doubt as to whether or not the form you have used to document a ... submit.asp?ref=0952-1917

Philosophy of Law (syllabus)
Philosophy 1390: Philosophy of Law. cl 226—Tuesdays, 6 pm to 8:55 pm ... (Note: PL refers to Philosophy of Law, mentioned above.) ... ~utile/ courses/ law1/ philosophy%20of%20law%20-%20syllabus.html

Philosophy of Law
Philosophy of Law. Philosophy 34. Spring 2007. Schedule. W. il ? Tuesday, 16 January. OVERVIEW .... Philosophy of Law. to make claims. What does that mean? ... ~mjg14747/ 034-2007/ syllabus.pdf

Joel Feinberg and Jules Coleman, eds., Philosophy of Law, ... The basic aims of the course are to introduce you to basic problems in the philosophy of law, ... syllabus347.doc

PHIL 340 PHILOSOPHY OF LAW Spring 2008 Rangeview 242, T/R 130-3 ...
Philosophy of law is the study of the nature, principles, and justification of legal systems. ... Eds. Joel Feinberg and Jules Coleman, Philosophy of Law, 8 ... philosophy/ syllabi/ 07-08/ PHIL340SP08.pdf

Philosophy of Law Syllabus
This course is an introduction to some basic issues in the philosophy of law. In the first, historical part of the course, we will review the traditional ... phil/ law.html

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.