Philosophy of Law: Collected Essays

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Oxford University Press, Apr 7, 2011 - Language Arts & Disciplines - 509 pages
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John Finnis has been a central figure in the fundamental re-shaping of legal philosophy over the past half-century. This volume of his Collected Essays shows the full range and power of his contributions to the philosophy of law. The volume collects over twenty papers: on the foundations of law's authority; major theories and theorists of law; legal reasoning; revolutions, rights and law; and the logic of law-making. The essays collected include Finnis' recent appreciations and root-and-branch critiques of Hart's legal and political theories, his engagements with other central figures and works in the field, including Dworkin's Law's Empire; Raz on authority and coordination; Coleman, Leiter and Gardner on legal positivism and naturalism; Aquinas as founder of legal positivism; Weber on the fact-value distinction and legitimation; Unger on indeterminacy in law; Posner on intention and economics; Kelsen and courts on revolutions; game-theory and rational-choice theory; with misinterpreters of Hohfeld on rights logic; John Paul II on voting for unjust laws; the architecture of Blackstone's Commentaries; restitution in civil wrongs; and many other aspects of law and legal theory. Previously unpublished papers include two on critical or post-modern legal theory - one on analogical reasoning in law, and a survey of legal philosophy's history and current of development. An introduction carries forward the debate with his contemporaries, and the reflections on how legal philosophy got to where it is.
  

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Contents

Introduction
1
Foundations of Laws Authority
21
Theories and Theorists of Law
89
Legal Reasoning
335
The Two Senses of Legal System
405
Bibliography of the Works of John Finnis
467
Other Works Cited
479
Acknowledgements
489
Index
491
Copyright

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About the author (2011)


John Finnis is Professor of Law and Legal Philosophy at the University of Oxford, and a Fellow of University College. He is the Biolchini Family Professor of Law at the University of Notre Dame.