Full Description
What is the nature of law as a form of social order? What bearing do values like justice, human rights, and the rule of law have on law? Which values should law serve, and what limits must it respect in serving them? Are we always morally bound to obey the law? What are the philosophical problems that arise in specific areas of law, from criminal and tort law to contract law and public international law? The book provides an accessible, comprehensive, and high quality introduction to the major themes of legal philosophy written by a stellar international cast of contributors, including John Finnis, Martha Nussbaum, Fred Schauer, Onora O'Neill and Antony Duff. The volume is an exceptional teaching tool that provides a critical introduction to cutting-edge work in the philosophy of law.
Contents
Part I. General Theory: 1. Methodology Grant Lamond; 2. The Nature of Law John Finnis; 3. Legal Reasoning Martha C. Nussbaum; 4. Law and Living Well Timothy Macklem; 5. Social Science and the Philosophy of Law Frederick Schauer; Part II. Values: 6. The Rule of Law John Tasioulas; 7. Justice without Ethics: A Twentieth-Century Innovation? Onora O'Neill; 8. Rights and Human Rights Jeremy Waldron; 9. Equality and Discrimination Sophia Moreau; 10. Authority and Legitimacy Christoph Kletzer and Massimo Renzo; 11. The Ends and Limits of Law John Stanton-Ife; Part III. Special Theory: 12. Causation and Responsibility Richard Holton; 13. Punishment Christopher Bennett and Kimberley Brownlee; 14. Constitutional Law Mitchell N. Berman; 15. Civil Rights and Liberties Sherif Girgis and Robert P. George; 16. Criminal Law R. A. Duff; 17. Contract Daniel Markovits; 18. Tort Law and its Theory John Gardner; 19. Property Law Larissa Katz; 20. International Law Guglielmo Verdirame.
