Philosophy of law

著者

• Bix, Brian

書誌事項

Philosophy of law

edited by Brian H. Bix

（Critical concepts in philosophy）

Routledge, 2006

• : set
• v. 1
• v. 2
• v. 3
• v. 4

タイトル別名

Philosophy of law : critical concepts

注記

Includes bibliographical references and index

内容説明・目次

巻冊次

: set ISBN 9780415342131

内容説明

Edited by a leading scholar in the field, Philosophy of Law is a new title in the Routledge Major Works series Critical Concepts in Philosophy. It is a four-volume collection of canonical and cutting-edge research and covers a significant range of topics in the field. The first two volumes of the collection are devoted primarily to analytical legal theory-in particular, theories about the nature of law. This is the idea of legal philosophy most familiar to jurisprudential students in the English-speaking world, and many of the civil-law countries. The last two volumes sample schools and theorists who mostly come from outside the analytical tradition, and who are, in one sense or another, critical theorists-theorists more interested in offering systematic critiques of law or general prescriptions. The four volumes of the collection are divided into six parts. Part one brings together key work on the methodology of analytical philosophy and Part two collects the most important scholarship on forms of legal positivism, including material in the Austin-Hart tradition, 'inclusive vs. exclusive legal positivism' and Kelsenian legal positivism. Part three ('Critics of Legal Positivism') gathers material in the natural-law tradition; the work and influence of Lon Fuller and Ronald Dworkin are also fully explored here. Parts four to six are an assembly of the best and most important thinking by and about normative and critical theorists working outside the analytical tradition. Part four gathers material under the rubric of legal realism, exploring both the American and Scandinavian schools as well as their predecessors. Part five examines one of the most influential movements in modern legal theory and legal practice: known as 'law and economics' or the 'economic analysis of law', this approach has come to dominate American scholarship, and its role is growing in other countries too. Finally, part six makes available key research on a variety of critical theories of law that have grown up around systematic critiques of Western legal systems. Included here is work by the American legal realists, as well as work by feminists and scholars pursuing critical race theory. The intersection of law and literature is also examined, as are other approaches to law and legal theory: Habermas's 'proceduralist paradigm'; the concept of 'autopoiesis'; and the work of Rorty and Fish. This Routledge Major Work illustrates the many ways in which philosophical methods and theories have been used to explore aspects of law and legal practice, and with a comprehensive introduction, newly written by the editor, which places the collected material in its historical and intellectual context, Philosophy of Law is an essential collection destined to be valued by scholars and students as a vital research resource.

目次

VOLUME 1 Part 1: Analytical Legal Philosophy-Methodology A. General Considerations B. Conceptual Analysis C. Naturalist Challenge to Conceptual Analysis Part 2: Legal Positivism A. Early Legal Positivism B. Hartian Legal Positivism VOLUME 2 C. Inclusive vs. Exclusive Legal Positivism D. Kelsenian Legal Positivism Part 3. Critics of Legal Positivism A. Natural Law Tradition B. Lon Fuller C. Ronald Dworkin VOLUME 3 Part 4: Normative and Critical Theory I: Legal Realism A. American Legal Realism, and Predecessors Part 5: Normative and Critical Theory II: Rational Choice Theory A. Economic Analysis of Law B. Game Theory C. Public Choice Theory D. Behavioural Law and Economics VOLUME 4 Part 6: Normative and Critical Theory III: Modern Critical Theories A. Critical Legal Studies B. Feminist Legal Theory C. Critical Race Theory D. Law and Literature E. Habermas and Legal Theory F. Autopoiesis G. Pragmatism and Postmodernism

巻冊次

v. 1 ISBN 9780415342148

内容説明

First published in 2006. This is Volume I of a collection of four on the Philosophy of Law looking at critical concepts in Philosophy. This volume focuses on the an analytical of legal philosophy, its methodology and the legality of law as well as legal positivism.

目次

Introduction PART 1 Analytical legal philosophy - methodology A General Considerations 1 The nature of legal philosophy 2 The legality of law B Conceptual Analysis 3 Conceptual questions and jurisprudence 4 On the nature of law 5 Raz on necessity 6 Hart's Postscript and the character of political philosophy C Naturalist Challenge to Conceptual Analysis 7 Beyond the Hart/Dworkin debate: the methodology problem in jurisprudence PART 2 Legal positivism A Early Legal Positivism 8 John Austin reconsidered 9 John Austin 10 Logic and coercion in Bentham's theory of law B Hartian Legal Positivism 11 Positivism and the separation of law and morals 12 The concept of law revisited 13 Law as experience: theory and the internal aspect of law

巻冊次

v. 2 ISBN 9780415342155

内容説明

First published in 2006. This is Volume II of a collection on the Philosophy of Law looking at critical concepts in Philosophy. This volume focuses on the concept and critics of Legal Positivism, law and morality, as well as Natural and Pure Law.

目次

Volume II: C Inclusive vs. Exclusive Legal Positivism 14 Authority, law and morality 15 Constraints on the criteria of legality 16 Law, morality, and the guidance of conduct 17 Authority and the practical difference thesis: a defense of inclusive legal positivism 18 Incorporation by law D Kelsenian Legal Positivism 19 What is the Pure Theory of Law? 20 The pure theory of law and analytical jurisprudence 21 On the basic norm 22 The neo-Kantian dimension of Kelsen's Pure Theory of Law 23 An antimony in Kelsen's Pure Theory of Law PART 3 Critics of legal positivism A Natural Law Tradition 24 The basic ideas in the philosophy of law of St. Thomas Aquinas as found in the 'Summa Theologica' 25 Natural law and legal reasoning 26 The 'natural law tradition' 27 On the incoherence of legal positivism 28 On the dividing line between natural law theory and legal positivism 29 Natural law jurisprudence 30 Positivism and fidelity to law - a reply to Professor Hart 31 Scrupulousness without scruples: a critique of Lon Fuller and his defenders 32 Legal theory and the problem of sense 33 Interpretivist theories of law 34 Dworkin: a new link in the chain 35 On reason and authority in Law's Empire

巻冊次

v. 3 ISBN 9780415342162

内容説明

First published in 2006. This is Volume III of a collection on the Philosophy of Law looking at critical concepts in Philosophy. This volume focuses on the Normative and critical theories.

目次

Volume III: PART 4 Normative and critical theory I: Legal realism A American Legal Realism, and Predecessors 36 The path of the law 37 Some realism about realism - responding to Dean Pound 38 Transcendental nonsense and the functional approach 39 Coercion and distribution in a supposedly non-coercive state B Scandinavian Legal Realism, and Predecessors 40 Tu-tu 41 The legal theories of Axel Hagerstroem and Vilhelm Lundstedt PART 5 Normative and critical theory II: Rational choice theory. A Economic Analysis of Law 42 The problem of social cost 43 Property rules, liability rules, and inalienability: one view of the cathedral 44 Economic analysis of law: some realism about nominalism 45 Law and economics in common-law, civil-law, and developing nations B Game Theory 46 Law and economics: intellectual arbitrage C Public Choice Theory 47 The jurisprudence of public choice D Behavioural Law and Economics 48 Behavioral analysis of law

巻冊次

v. 4 ISBN 9780415342179

内容説明

First published in 2006. This is the final Volume IV of a collection on the Philosophy of Law looking at critical concepts in Philosophy. This volume focuses on Modern critical theories-A Critical Legal Studies, looking at sex equality, racial realism, feminist legal theory and paradigms of law.

目次

Volume IV: PART 6: Normative and critical theory III: Modern critical theories A Critical Legal Studies 49 Legal education and the reproduction of hierarchy 50 Rights 51 Of law and the river B Feminist Legal Theory 52 Reflections on sex equality under law 53 The difference in women's hedonic lives: a phenomenological critique of feminist legal theory C Critical Race Theory 54 Racial realism 55 Affirmative action and legal knowledge: planting seeds in plowed-up ground 56 Critical race theory: the decline of the universalist ideal and the hope of plural justice - some observations and questions of an emerging phenomenon D Law and Literature 57 What can a lawyer learn from literature? 58 Violence and the word E Habermas and Legal Theory 59 Paradigms of law F Autopoiesis 60 Operational closure and structural coupling: the differentiation of the legal system G Pragmatism and Postmodernism 61 The banality of pragmatism and the poetry of justice 362 Dennis Martinez and the uses of theory, Index

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詳細情報

• NII書誌ID(NCID): BA78036961
• ISBN:
  • 0415342139
  • 0415342147
  • 0415342155
  • 0415342163
  • 0415342171
• LCCN: 2006043284
• 出版国コード: uk
• タイトル言語コード: eng
• 本文言語コード: eng
• 出版地: London
• ページ数/冊数: 4 v.
• 大きさ: 24 cm
• 分類:
  • LCC : K231
  • DC22 : 340.1
• 件名:
  • LCSH : Law -- Philosophy
  • LCSH : Jurisprudence
• 親書誌ID:
  • BA69150004