Read complete books and articles on: Philosophy of Law

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15 of the Best Books and Articles on: Philosophy of Law

as selected by Questia librarians

1.

Philosophy of Law: An Introduction to Jurisprudence » Read Now
by Jules L. Coleman, Jeffrie G. Murphy. 240 pgs.

Collections: Philosophy, Entire Library
2.

An Introduction to the Philosophy of Law » Read Now
by Roscoe Pound. 201 pgs.

Collections: Philosophy, Entire Library

Among books of similar scope, this is the recognized American classic. Those who read this book will have the strange privilege of thinking things together in the law from the beginning of written history to the moment Pound sent his writings to the printer. Through this writing of Pound's they can...
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Among books of similar scope, this is the recognized American classic. Those who read this book will have the strange privilege of thinking things together in the law from the beginning of written history to the moment Pound sent his writings to the printer. Through this writing of Pound's they can see what it is to deal with the whole objective world in the law as a freeman should, knowing how things have happened fortunately or unfortunately, logically or through some kind of hardly explicable human conduct.
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3.

Law and Interpretation: Essays in Legal Philosophy » Read Now
by Andrei Marmor. 463 pgs.

Collections: Philosophy, Entire Library

Interpretation has emerged in recent years as one of the most interesting and important elements of legal scholarship. This collection of new essays in law and interpretation provides an overview of this important topic, written by some of the most distinguished scholars in the field. The collection...
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Interpretation has emerged in recent years as one of the most interesting and important elements of legal scholarship. This collection of new essays in law and interpretation provides an overview of this important topic, written by some of the most distinguished scholars in the field. The collection assesses the role of legislative intent in the interpretation of statutes, and in determining legal standards. This collection will appeal not only to lawyers and to legal theorists, but to all scholars of legal discourse.
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4.

A Philosophy of International Law » Read Now
by Fernando R. Teson. 196 pgs.

Collections: Philosophy, Entire Library

Why should sovereign states obey international law? In this groundbreaking study, Fernando Teson, both a lawyer & a philosopher, argues that an overlapping respect for human rights has created a moral common ground among the countries of the world. It is this common set of values rather than...
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Why should sovereign states obey international law? In this groundbreaking study, Fernando Teson, both a lawyer & a philosopher, argues that an overlapping respect for human rights has created a moral common ground among the countries of the world. It is this common set of values rather than self-interest that ultimately provides legitimacy to international law. Using the tools of moral philosophy, Teson analyzes the concepts of sovereignty, intervention, & national interest; the contributions of social contact theory, game theory, & feminist theory; & the puzzles of self-determination & group rights.
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5.

Introduction to the Problems of Legal Theory » Read Now
by Hans Kelsen. 172 pgs.

Collections: Philosophy, Entire Library

One of the leading legal philosophers of this century, Kelsen published this short treatise in 1934, when the neo-Kantian influence on his work was at its zenith. An earlier, "constructivist" phase had been displaced by his effort to provide something approximating a neo-Kantian foundation for his...
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One of the leading legal philosophers of this century, Kelsen published this short treatise in 1934, when the neo-Kantian influence on his work was at its zenith. An earlier, "constructivist" phase had been displaced by his effort to provide something approximating a neo-Kantian foundation for his theory. If this second phase represents the Pure Theory of Law in its most characteristic form, then the present treatise may well be its central text. And of Kelsen's many statements of the Pure Theory, this one is surely the most accessible. Topics covered include the legal norm and Kelsen's normativity thesis, law and morality, the role of ideology, the concept of the legal person, legal interpretation, the identity of law and state, and the theory of international law. Among the appendices is an annotated bibliography of secondary literature on Kelsen.
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6.

Problems at the Roots of Law: Essays in Legal and Political Theory » Read Now
by Joel Feinberg. 220 pgs.

Collections: Philosophy, Entire Library

Feinberg is one of the leading philosophers of law of the last forty years. This volume collects recent articles, both published and unpublished, on what he terms "basic questions" about the law, particularly in regard to the relationship to morality. Accessibly and elegantly written, this volume's...
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Feinberg is one of the leading philosophers of law of the last forty years. This volume collects recent articles, both published and unpublished, on what he terms "basic questions" about the law, particularly in regard to the relationship to morality. Accessibly and elegantly written, this volume's audience will reflect the diverse nature of Feinberg's own interests: scholars in philosophy of law, legal theory, and ethical and moral theory.
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7.

A Short History of Western Legal Theory » Read Now
by J. M. Kelly. 470 pgs.

Collections: Philosophy, Entire Library
8.

Legal Realism as Theory of Law, in William and Mary Law Review » Read Now
by Michael Steven Green. 85 pgs.

Collections: Entire Library
9.

From Newton's Sleep » Read Now
by Joseph Vining. 398 pgs.

Collections: Philosophy, Entire Library

This is a book on the legal form of thought and its meaning for science and religion. It is a book on cosmology, on reading ourselves and what we believe. Joseph Vining invites us to see that science and religion have as much reason to look to law, as law has to look to science and religion. Where...
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This is a book on the legal form of thought and its meaning for science and religion. It is a book on cosmology, on reading ourselves and what we believe. Joseph Vining invites us to see that science and religion have as much reason to look to law, as law has to look to science and religion. Where the question is our true sense of the cosmos that includes us and all things, our reaching for the authority of law in our everyday lives is part of the evidence--touching not only what we can honestly say we truly believe, but what we can say others truly believe about the world and universe in which we live. This original book by distinguished Michigan legal scholar Joseph Vining finds surprising treasures hidden in lawyers' ways of knowing.... He challenges with equal vigor the widely held notions that law can be reduced to processes and rules, or to power relations, or to meaningless signs and marks.--Mary Ann Glendon, Harvard Law School From Newton's Sleep is one of the most important books ever written about law as a practice that involves whole persons and engages the emotions, imagination, and spirit as well as the mind. It is--what is even rarer--a wise book, with much to teach lawyers about their profession and all of us about how to live humanely in our world.... A superb accomplishment.--H. Jefferson Powell, Duke University
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10.

Reason and Law: Studies in Juristic Philosophy » Read Now
by Morris Raphael Cohen. 218 pgs.

Collections: Philosophy, Entire Library
11.

Natural Law: An Introduction to Legal Philosophy » Read Now
by A. P. Dentreves. 126 pgs.

Collections: Philosophy, Entire Library
12.

The Autonomy of Law: Essays on Legal Positivism » Read Now
by Robert P. George. 339 pgs.

Collections: Philosophy, Entire Library

This collection of original papers from distinguished legal theorists offers a challenging assessment of the nature and viability of legal positivism, a branch of legal theory which continues to dominate contemporary legal theoretical debates. To what extent is the law adequately described as...
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This collection of original papers from distinguished legal theorists offers a challenging assessment of the nature and viability of legal positivism, a branch of legal theory which continues to dominate contemporary legal theoretical debates. To what extent is the law adequately described as autonomous? Should law claim autonomy? These and other questions are addressed by the authors in this carefully edited collection, and it will be of interest to all lawyers and scholars interested in legal philosophy and legal theory.
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13.

The Authority of Law: Essays on Law and Morality » Read Now
by Joseph Raz. 291 pgs.

Collections: Philosophy, Entire Library
14.

Philosophical Foundations of Tort Law » Read Now
by David G. Owen. 514 pgs.

Collections: Philosophy, Entire Library

This exceptional collection of twenty-two essays on the philosophical fundamentals of tort law assembles many of the world's leading commentators on this particularly fascinating conjunction of law and philosophy. The contributions range broadly, from inquiries into how tort law derives from...
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This exceptional collection of twenty-two essays on the philosophical fundamentals of tort law assembles many of the world's leading commentators on this particularly fascinating conjunction of law and philosophy. The contributions range broadly, from inquiries into how tort law derives from Aristotle, Aquinas, and Kant to the latest economic and rights-based theories of legal reponsibility. This is truly a multi-national production, with contributions from several distinguished Oxford scholars of law and philosophy and many prominent scholars from the United States, Canada, and Israel. A provocative closing essay by one of the world's leading moral philosophers illuminates how tort law enables philosophers to observe the abstract theories of their discipline put to the concrete test in the legal resolution of real-world controversies based on principles of right and wrong.
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15.

The Moral Criticism of Law » Read Now
by David A. J. Richards. 278 pgs.

Collections: Philosophy, Entire Library