Readings in the Philosophy of Law

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9780205708093: Readings in the Philosophy of Law

This anthology of classical and contemporary philosophical essays and legal cases focuses on legal philosophy as its own subject–rather than as merely a topic in applied ethics or an aspect of social/political philosophy. The essays within this reader focus on the different aspects and areas of law and the particular philosophical issues that they raises. The book requires students to think through actual debates―many of them still currently in the courts.

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This anthology of classical, contemporary, philosophical and legal essays/cases focuses on legal philosophy as its own subject—rather than being a part of social/political philosophy or applied ethics. The essays within this reader focus on how law is organized and the particular philosophical issues that it raises. The book requires students to think through actual debates-many of them still currently in the courts. This updated edition contains many more legal cases that make for balanced class discussion (for example,  readings include both the majority opinion and a dissenting opinion).

 

Initial sections on legal practice, legal reasoning, and the nature of law are followed by discussions of criminal, tort, contract, property and constitutional law. Also includes strong religious freedom and equality and the constitution coverage.

 

For lawyers or philosophers studying legal philosophy.

About the Author:

John Arthur was a professor of philosophy and director of the Program in Philosophy, Politics, and Law at Binghamton University. He was the author of The Unfinished Constitution: Philosophy and Constitutional Practice (1989), Words That Bind: Judicial Review and the Grounds of Modern Constitutional Theory (1995), and Race, Equality, and the Burdens of History (2007), among other works. He also edited the widely used ethics anthology, Morality and Moral Controversies.

William H. Shaw is professor of philosophy at San Jose State University. He is the author of Marx’s Theory of History (1978), Moore on Right and Wrong: The Normative Ethics of G. E. Moore (1995), Contemporary Ethics: Taking Account of Utilitarianism (1999), and Business Ethics (6th ed. 2008). He has edited several volumes, including (with John Arthur), Justice and Economic Distribution (2nd ed. 1994).

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