"This book is a selection of articles and chapters published over Martin Golding's academic career. Golding's approach to the philosophy of law is that it contains conceptual and normative issues and in this volume logical issues in legal reasoning are examined, and various theories of law are critically discussed. Normative questions are dealt with regarding the rule of law and criminal law defenses, and the concept of rights and the terminology of rights are analyzed. Much of Golding's work is critical-historical as well as constructive. This volume will prove an informative and useful collection for scholars and students of the philosophy of law."--Provided by publisher.
First published 2007 by Ashgate Publishing.
Formatted Contents Note
chapter 1 My Philosophy of Law The Law in Philosophical Perspectives: My Philosophy of Law, L.J. Wintgens (edition), Kluwer Academic Publishers, 1999, pp.47-67. part Part One: Legal Reasoning chapter 2 Principled Decision-making and the Supreme Court Columbia Law Review, 63, 1963, pp. 35-58. chapter 3 A Note on Discovery and Justification in Science and Law Justification, J. R. Pennock and J. Chapman (eds), New York University Press, 1986, pp. 124-40. chapter 4 The Logical Force of Arguments by Analogy in Common Law Reasoning Duke Law Magazine, 3, 1985, pp. 34-6. chapter 5 Aesthetics and Legal Reasoning: A Strand in American Legal Duke Law Magazine, 2, 1984, pp. 5-8. chapter 6 Preliminaries to the Study of Procedural Justice Law, Reason, and Justice, G. Hughes (edition), New York University Press, 1969, pp. 71-101. chapter 7 Substantive Interpretation and Common Law Elaboration Archiv für-Rechts-und Sozialphilosophie, Beiheft, 53, 1994, pp.23-35. chapter 8 The Legal Analog of the Principle of Bivalence Ratio Juris, 16, 2003, pp. 450-68. part Part Two: Legal Theories chapter 9 Jurisprudence and Legal Philosophy in Twentieth-Century America - Major Themes and Developments Journal of Legal Education, 36, 1986, pp. 441-80. chapter 10 Kelsen and the Concept of 'Legal System' Archiv für Rechts-und Sozialphilosophie, 47, 1961, pp.355-86. chapter 11 Holmes's Jurisprudence: Aspects of its Development and Continuity Social Theory and Practice, 5, 1979, pp. 183-207. chapter 12 Retroactive Legislation and Restoration of the Rule of Law Jahrbuch für Recht und Ethik, 1, 1993, pp. 169-92. chapter 13 The Cultural Defense Ratio Juris, 15, 2002, pp. 146-58. chapter 14 Responsibility Blackwell Guide to the Philosophy of Law and Legal Theory, Martin P. Golding and William A. Edmundson (eds), Blackwell Publishing, 2005, pp. 221-35. chapter 15 Faux Pas Jahrbuch für Recht und Ethik, 13, 2005, 103-22. part Part Three: Rights chapter 16 Towards a Theory of Human Rights The Monist, 52, 1968, pp. 512-49. chapter 17 Obligations to Future Generations The Monist, 56, 1972, pp. 85-99. chapter 18 The Significance of Rights Language Philosophical Topics, 18, 1990, pp. 53-64. chapter 19 The Primacy of Welfare Rights Social Philosophy and Policy, 1, 1984, pp. 119-36. chapter 20 Rights, Performatives, and Promises in Karl Olivecrona's Legal Theory Ratio Juris 18, 2005, pp. 16-29.