The Cambridge companion to the philosophy of law / edited by John Tasioulas (King's College London).
2020
K235 .C363 2020 (Mapit)
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Title
The Cambridge companion to the philosophy of law / edited by John Tasioulas (King's College London).
Added Author
Imprint
Cambridge, United Kingdom ; New York, NY, USA : Cambridge University Press, 2020.
Copyright
©2020
Description
x, 424 pages ; 22 cm.
Series
Cambridge companions to law.
Formatted Contents Note
Introduction / John Tasioulas
Methodology / Grant Lamond
Nature of law / John Finnis
Legal reasoning / Martha C. Nussbaum
Law and living well / Timothy Macklem
Social science and the philosophy of law / Frederick Schauer
Rule of law / John Tasioulas
Justice without ethics : a twentieth-century innovation? / Onora O'Neill
Rights and human rights / Jeremy Waldron
Equality and discrimination / Sophia Moreau
Authority and legitimacy / Christoph Kletzer and Massimo Renzo
Ends and limits of law / John Stanton-Ife
Causation and responsibility / Richard Holton
Punishment / Christopher Bennett and Kimberley Brownlee
Constitutional law / Mitchell N. Berman
Civil rights and liberties / Sherif Girgis and Robert P. George
Criminal law / R.A. Duff
Contract / Daniel Markovits
Tort law and its theory / John Gardner
Property law / Larissa Katz
International law / Guglielmo Verdirame.
Methodology / Grant Lamond
Nature of law / John Finnis
Legal reasoning / Martha C. Nussbaum
Law and living well / Timothy Macklem
Social science and the philosophy of law / Frederick Schauer
Rule of law / John Tasioulas
Justice without ethics : a twentieth-century innovation? / Onora O'Neill
Rights and human rights / Jeremy Waldron
Equality and discrimination / Sophia Moreau
Authority and legitimacy / Christoph Kletzer and Massimo Renzo
Ends and limits of law / John Stanton-Ife
Causation and responsibility / Richard Holton
Punishment / Christopher Bennett and Kimberley Brownlee
Constitutional law / Mitchell N. Berman
Civil rights and liberties / Sherif Girgis and Robert P. George
Criminal law / R.A. Duff
Contract / Daniel Markovits
Tort law and its theory / John Gardner
Property law / Larissa Katz
International law / Guglielmo Verdirame.
Summary
"Reflection on the law gives rise to many methodological questions. Some relate to legal doctrines - how best to understand, rationalise and potentially justify areas such as contract law or administrative law or criminal procedure. This chapter, by contrast, will focus on the question of how to understand 'law in general', or the 'nature of law'. Law in this sense is standardly regarded as a particular type of social practice with two dimensions: an institutional dimension involving bodies such as legislatures and courts, and a normative dimension involving the standards and other considerations created and applied by those bodies ('the law'). How should we go about making sense of this social practice? In what way should it be approached? There are three prominent features of our contemporary understanding of law that feed into the methodological debate: (a) the idea that law is a general type of social practice, found in different cultures at different times; (b) the idea that law is a social construction, whose existence depends upon the combined beliefs and actions of a variety of social actors; and (c) the idea that law is a hermeneutic practice, that is, a practice that we self-consciously understand as a distinctive sort of social practice, and in terms of which we understand and structure features of our social world"-- Provided by the publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Available in Other Form
Online version: New York, NY, USA : Cambridge University Press, 2020. The Cambridge companion to the philosophy of law Cambridge, United Kingdom ;
Call Number
K235 .C363 2020
Language
English
ISBN
9781107087965 hardcover
1107087961 hardcover
9781107458222 paperback
1107458226 paperback
9781316104439 electronic publication
1107087961 hardcover
9781107458222 paperback
1107458226 paperback
9781316104439 electronic publication
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