Philosophy of Law: Classic and Contemporary Readings

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Larry May, Jeff Brown
John Wiley & Sons, May 18, 2009 - Philosophy - 648 pages
Philosophy of Law provides a rich overview of the diverse theoretical justifications for our legal rules, systems, and practices.
  • Utilizes the work of both classical and contemporary philosophers to illuminate the relationship between law and morality
  • Introduces students to the philosophical underpinnings of International Law and its increasing importance as we face globalization
  • Features concrete examples in the form of cases significant to the evolution of law
  • Contrasts Anglo-American law with foreign institutions and practices such as those in China, Japan, India, Ireland and Canada
  • Incorporates diverse perspectives on the philosophy of law ranging from canonical material to feminist theory, critical theory, postmodernism, and critical race theory
 

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Contents

Introduction
7
Remarks on the Theory of Appellate Decision and the Rules or
23
Lochner v New York 1905
70
The Concept of Law
85
The Model of Rules I
99
The Economic Approach to Law
129
The Key Writings that Formed the Movement
145
Riggs v Palmer 1889
164
Questions
362
On Liberty
369
The Enforcement of Morals
377
An Indigenous African Experience
384
The Mind and the Deed
392
Between Impunity and Show Trials
402
Atrocity Punishment and International Law
411
Defending International Criminal Trials
423

The Nature of Jus Cogens
184
The Limits of International Law
200
Problems of Collective Responsibility
221
Prosecutor v TadiB 1995
240
Lockes Theory of Acquisition
258
The Social Structure of Japanese Intellectual Property Law
281
International News Service v Associated Press 1918
291
Questions
299
Causation and Responsibility
307
Sua Culpa
315
Fairness and Utility in Tort Theory
322
Tort Liability and the Limits of Corrective Justice
330
A Theory of Strict Liability
338
Tarasoffv Regents of University of California 1976
356
Opening Statement before the International Military Tribunal 1945
435
Introduction
445
The Practice of Promising
455
Legally Enforceable Commitments
479
The Need for a Concept of Unconscionability
500
Questions
515
Does the Constitution Mean What It Always Meant?
535
Whats Wrong with Chinese Rights? Toward a Theory of Rights
548
The Indian Experience
569
Alive and Kicking? A Look at the Constitutional
585
Peremptory Norms as International Public Order
602
Plessy v Ferguson 1896
620
Copyright

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About the author (2009)

Larry May, JD, PhD., is Professor of Philosophy at Washington University in St Louis, and Strategic Research Professor of Social Justice at the Centre for Applied Philosophy and Public Ethics, Charles Sturt University in Canberra. He specializes in political philosophy, and is the author or editor of 21 books, including Sharing Responsibility (1992), Crimes Against Humanity: A Normative Account (2005), War Crimes and Just War (2007), and Aggression and Crimes Against Peace (2008).

Jeff Brown has a JD from Vanderbilt University and an MA from Washington University in St Louis, where he is now completing his PhD.

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