Philosophy of law: an introduction to jurisprudence
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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The Nature of Law
Moral Theory and Its Application to Law
Crime and Punishment
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advantage-taking agreement argue argument Austin basic behavior benefit chapter claim Coase Theorem compensation concept of law concerned conduct consent constitutional contract law corrective justice court crime criminal law criticism damages defendant deterrence discussion distributive justice Dworkin economic analysis efficient enforcement ethics example fault gain H. L. A. Hart harm Hart's human individual injurer involve issues Jones judge jurisprudence justified Kaldor-Hicks Kaldor-Hicks efficient Kantian Kronman law and morality least legal philosophy legal positivism legal system liability rule libertarian loss matter moral skepticism moral theory natural law theory negligence negotiations normative obligation outcome Pareto optimal Pareto Principle Pareto superior party person philosophy of law Posner's preference principle problem property rule protection punishment question rancher rational reason relevant requires respect Ronald Dworkin rule of recognition secure simply skepticism Smith society speech standard strict liability Suppose supra note torts transaction costs University Press utilitarian utility values victim wrong