Philosophy of Law: An Introduction

Philosophy of Law: An Introduction


Yazar Mark Tebbit
Yayınevi Routledge
ISBN 9780415334419
Baskı yılı 2005
Sayfa sayısı 264
Ağırlık 0.35 kg
Stok durumu Tükendi   

Philosophy of Law: An Introduction provides an ideal starting point for students of philosophy and law as it assumse no prior knowledge of either subject. The book is structured around the key issues and themes in the philosophy of law, including: what is the law? - exploring the major legal theories of realism, positivism and natural law the reach of the law - covering authority, rights, liberty, privacy and tolerance criminal responsibility and punishment - including legal defenses, crime, diminished responsibility and theories of punishment. The second edition is updated with important developments in English law, the general impact of the Human Rights Act and the defence of necessity in relation to the Case of the Conjoined Twins. Radical Marxism, feminist, critical legal studies and critical race theories are also explained against the background of controversy between postmodernism and defences of modernity. New chapters assess the value of traditional legal theory and various critical perspectives and study questions at the end of each chapter help students explore the most important issues in philosophy of law.
1 Morality, justice and natural law 3
2 Early positivism and legal realism 15
3 Modern positivism and its critics 34
4 Contemporary theories of law 49
5 Law and modernity 70
6 Authority and obligation 91
7 Legal and moral rights 109
8 Liberty, privacy and tolerance 127
9 Modernity and the reach of the law 140
10 Responsibility and guilt 157
11 Insanity and diminished responsibility 180
12 Theories of punishment 192
13 Crime and modernity 214