What Makes Law

Author: Liam Murphy
Publisher: Cambridge University Press
ISBN: 0521834279
Format: PDF, Kindle
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This advanced introduction to central questions in legal philosophy attempts to breathe new life into stalled research.

The Legal Relation

Author: Alexander Somek
Publisher: Cambridge University Press
ISBN: 1107198011
Format: PDF, Kindle
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What is law? The usual answer is that the law is a system of norms. But this answer gives us at best half of the story. The law is a way of relating to one another. We do not do this as lovers or friends and not as people who are interested in obtaining guidance from moral insight. In a legal context, we are cast as "character masks" (Marx), for example, as "buyer" and "seller" or "landlord" and "tenant". We expect to have our claims respected simply because the law has given us rights. We do not want to give any other reason for our behavior than the fact that we have a legal right. Backing rights up with coercive threats indicates that we are willing to accept legal obligations unwillingly. This book offers a conceptual reconstruction of the legal relation on the basis of a critique of legal positivism.

Deontic Logic and Legal Systems

Author: Pablo E. Navarro
Publisher: Cambridge University Press
ISBN: 1316060462
Format: PDF, ePub
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A considerable number of books and papers have analyzed normative concepts using new techniques developed by logicians; however, few have bridged the gap between the English legal culture and the Continental (i.e. European and Latin American) tradition in legal philosophy. This book addresses this issue by offering an introductory study on the many possibilities that logical analysis offers the study of legal systems. The volume is divided into two sections: the first covers the basic aspects of classical and deontic logic and its connections, advancing an explanation of the most important topics of the discipline by comparing different systems of deontic logic and exploring some of the most important paradoxes in its domain. The second section deals with the role of logic in the analysis of legal systems by discussing in what sense deontic logic and the logic of norm-propositions are useful tools for a proper understanding of the systematic structure of law.

An Introduction to Rights

Author: William A. Edmundson
Publisher: Cambridge University Press
ISBN: 1107010985
Format: PDF, Docs
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A thoroughly updated second edition that is an accessible introduction to the history, logic, moral implications and political tendencies of the idea of rights.

The Blackwell Guide to the Philosophy of Law and Legal Theory

Author: Martin P. Golding
Publisher: John Wiley & Sons
ISBN: 0470779861
Format: PDF, ePub, Docs
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The Blackwell Guide to the Philosophy of Law and Legal Theory is a handy guide to the state of play in contemporary philosophy of law and legal theory. Comprises 23 essays critical essays on the central themes and issues of the philosophy of law today, written by an international assembly of distinguished philosophers and legal theorists Each essay incorporates essential background material on the history and logic of the topic, as well as advancing the arguments Represents a wide variety of perspectives on current legal theory

Contract Law

Author: Brian Bix
Publisher: Cambridge University Press
ISBN: 0521850460
Format: PDF, ePub, Mobi
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This book offers an accessible introduction to all aspects of American contract law, useful to both first-year law students and advanced contract scholars. The book takes the reader from contract formation through interpretation and remedies, considering both the practical and theoretical aspects throughout.

Normative Jurisprudence

Author: Robin West
Publisher: Cambridge University Press
ISBN: 1139504126
Format: PDF, ePub
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Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship.

An Introduction to Property Theory

Author: Gregory S. Alexander
Publisher: Cambridge University Press
ISBN: 1107375371
Format: PDF, ePub
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This book surveys the leading modern theories of property - Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing - and then applies those theories to concrete contexts in which property issues have been especially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain and intellectual property. The book highlights the Aristotelian human flourishing theory of property, providing the most comprehensive and accessible introduction to that theory to date. The book's goal is neither to cover every conceivable theory nor to discuss every possible facet of the theories covered. Instead, it aims to make the major property theories comprehensible to beginners, without sacrificing accuracy or sophistication. The book will be of particular interest to students seeking an accessible introduction to contemporary theories of property, but even specialists will benefit from the book's lucid descriptions of contemporary debates.

An Introduction to Ethics

Author: John Deigh
Publisher: Cambridge University Press
ISBN: 052177246X
Format: PDF
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This book examines the central questions of ethics through a study of the great ethical works of Western philosophy.

Ethics and the Rule of Law

Author: David Lyons
Publisher: Cambridge University Press
ISBN: 9780521277129
Format: PDF, Kindle
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This clear and systematic introduction to the philosophy of law attempts to answer some important questions about the nature of law and its relationship to social norms and moral standards.