Philosophy Of Law: An Introduction To Jurisprudence

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Avalon Publishing, Dec 4, 1989 - Philosophy - 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
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Analyzing Oppression
Ann E. Cudd
Limited preview - 2006
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About the author (1989)

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

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