Philosophy of law : an introduction
著者
書誌事項
Philosophy of law : an introduction
Routledge, 2005
2nd ed
- : hbk
- : pbk
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注記
Includes bibliographical references (p. [233]-243) and index
内容説明・目次
内容説明
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.
目次
Part 1: What is the Law? 1. Morality, Justice and Natural Law 2. Early Positivism and Legal Realism 3. Modern Positivism and its Critics 4. Contemporary Disputes in Legal Theory 5. Critical Responses to Traditional Legal Theory Part 2: The Reach of the Law 6. Authority and Obligation 7. Legal and Moral Rights 8. Liberty, Privacy and Tolerance 9. Critical Perspectives on Authority, Rights and Liberty Part 3: Criminal Responsibility and Punishment 10. Responsibility and Legal Defences 11. Responsibility and Intention 12. Insanity and Diminished Responsibility 13. Theories of Punishment Critical Views of Crime, Insanity and Punishment
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