Readings In The Philosophy Of Law Third Edition

Readings in the Philosophy of Law brings together central texts on such topics as legal reasoning, the limits of individual liberty, responsibility and punishment, and international law. The included selections provide superb coverage of both classic and contemporary views, and are edited only lightly to allow readers to grapple with arguments in their original form. Culver and Giudice’s clear, accessible introductions discuss key terms, claims, issues, and points of connection and disagreement. Readings are placed within their historical and social contexts, with analogies and examples emphasizing the continuing relevance of the arguments at issue. This third edition is updated to take account of the rise of legal pluralism, debates over judicial review of constitutional rights, anti-terrorism laws, hate crime, and non-state law at both regional and global levels.

The second edition of Readings in the Philosophy of Law is a concise anthology of key arguments in the philosophy of law, organized around the ideas of law and legal reasoning, limits on individual liberty, responsibility, and international law. Selections new to this edition update the anthology while continuing to present legal theory as a set of closely intertwined arguments. Critical Race Theory is addressed, as are challenges to legal theory posed by the emergence of the European Union. The readings provide superb coverage of both classic and contemporary views, and they are edited only lightly to allow readers to grapple with arguments in their original form. Culver’s clear, accessible introductions discuss key terms, claims, issues, connections and points of conflict in each section. Culver takes particular care to place arguments in their historical and social context, with analogies and examples emphasizing the continuing relevance of historical and contemporary arguments. A third edition of this text is forthcoming in early 2017.

For sophomore/junior courses in Philosophy of Law. This anthology of classical and contemporary philosophical and legal essays and legal cases focuses on legal philosophy as its own subject rather than as an outgrowth of social or political philosophy or applied ethics. The essays focus on how law is organized and the particular philosophical issues that law raises. The book requires students to think through actual debates many of them still live in the courts.

Since its first publication in 1996, Law and Morality has filled a long-standing need for a contemporary Canadian textbook in the philosophy of law. Now in its third edition, this anthology has been thoroughly revised and updated, and includes new chapters on equality, judicial review, and terrorism and the rule of law. The volume begins with essays that explore general questions about morality and law, surveying the traditional literature on legal positivism and contemporary debates about the connection between law and morality. These essays explore the tensions between law as a protector of individual liberty and as a tool of democratic self-rule, and introduce debates about adjudication and the contribution of feminist approaches to the philosophy of law. New material on the Chinese Canadian head tax case is also featured. The second part of Law and Morality deals with philosophical questions as they apply to contemporary issues. Excerpts from judicial decisions as well as essays by practicing lawyers are included to provide theoretically informed legal analyses of the issues. Striking a balance between practical and more analytic, philosophical approaches, the volume's treatment of the philosophy of law as a branch of political philosophy enables students to understand law in its function as a social institution. Law and Morality has proved to be an essential text in both departments of philosophy and faculties of law and this latest edition brings the debates fully up to date, filling gaps in the previous editions and adding to the array of contemporary issues previously covered.

Readings by writers including: St. Thomas Aquinas, H.L.A. Hart, Ronald Dworkin, Gerald Dworkin, Oliver Wendell Holmes, John Stuart Mill, Catharine A. MacKinnon, Patrick Devlin, Patricia Smith and Jerome Frank.