Murphy

Philosophy Law

• Broschiertes Buch

Produktbeschreibung

"The Philosophy of Law" is a broad-reaching text that guides readers through the basic analytical and normative issues in the field, highlighting key historical and contemporary thinkers and offering a unified treatment of the various issues in the philosophy of law. Enlivened with numerous, everyday examples to illustrate various concepts of law. Employs the idea of three central commonplaces about law - that law is a social matter, that law is authoritative, and that law is for the common good - to organize seemingly disparate topics and to bring rival views into contention with each other. The first volume in the "Fundamentals of Philosophy "series, in which leading philosophers explore the fundamental issues and core problems in the major sub-disciplines of philosophy.

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Beginning with the deceptively simple question "What is law?" Philosophy of Law introduces readers to the basic analytical and normative issues in the field. The volume is a wide-ranging text that discusses the concepts of law, highlights key historical and contemporary thinkers who have shaped the discourse, and provides a unified treatment of the various issues in the philosophy of law. Murphy frames the discussion with three central commonplaces about law: that it is authoritative, that it is a social matter, and that it is for the common good. Enlivened with numerous everyday examples, this text is an important resource for students coming to the subject for the first time.

Produktdetails

• Verlag: John Wiley & Sons
• Seitenzahl: 228
• Erscheinungstermin: 1. August 2006
• Englisch
• Abmessung: 229mm x 152mm x 13mm
• Gewicht: 337g
• ISBN-13: 9781405129602
• ISBN-10: 1405129603
• Artikelnr.: 22440305

Autorenporträt

Mark C. Murphy is Professor of Philosophy at Georgetown University, where he works in moral, political, and legal philosophy. He is the author of Natural Law and Practical Rationality (2001), An Essay on Divine Authority (2002), and Natural Law in Jurisprudence and Politics (2006), and the editor of Alasdair MacIntyre (2003).

Inhaltsangabe

Acknowledgments.

Introduction.

0.1 Philosophy, the Familiar, and the Unfamiliar.

0.2 What Are Our Commonplaces About Law?.

0.3 The Course of Our Inquiry.

For Further Reading.

Chapter 1: Analytical Fundamentals: The Concept of Law.

1.1 The Question, and its Importance.

1.2 Basic Austinianism.

1.3 Positivist Lessons.

1.4 Hartian Positivism.

1.5 Interlude: Hard and Soft Positivisms.

1.6 Natural Law Theory.

1.7 Fuller's Procedural Natural Law Theory.

1.8 Aquinas's Substantive Natural Law Theory.

1.9 A Suggested Resolution.

Appendix: Why is it Called "Natural LawTheory"?.

For Further Reading.

Chapter 2: Normative Fundamentals: The Basic Roles ofParadigmatic Legal Systems.

2.1 What are the Basic Roles of Paradigmatic Legal Systems?.

2.2 The Role of Subject.

2.3 The Role of Legislator.

2.4 The Role of Judge.

For Further Reading.

Chapter 3: The Aims of Law.

3.1 The Aims of Law and the Common Good.

3.2 The Harm-to-others Principle.

3.3 Challenges to the Harm-to-others Principle: Types ofHarm.

3.4 Challenges to the Harm-to-others Principle: The PartyArmed.

3.5 Morals Legislation.

For Further Reading.

4 The Nature and Aims of the Criminal Law.

4.1 Types of Legal Norms.

4.2 Crime and Punishment.

4.3 Two Normative Theories of Punishment.

4.4 Justification and Excuse.

For Further Reading.

5 The Nature and Aims of Tort Law.

5.1 Torts and Crimes.

5.2 Torts and Damages.

5.3 Economic and Justice Accounts of Negligence Torts.

5.4 Elements of the Negligence Tort.

5.5 Damages.

5.6 Intentional Torts and Torts of Strict Liability.

For Further Reading.

6 Challenging the Law.

6.1 Putting Legal Roles to the Question.

6.2 Against the Role of Subject: Philosophical Anarchism.

6.3 Against the Role of Legislator: Marxism / Feminist LegalTheory / Critical Race Theory.

6.4 Against the Role of Judge: American Legal Realism / CriticalLegal studies.

For Further Reading.

Index.

Rezensionen

"Mark Murphy is the most interesting and original natural lawtheorist of his generation, and this wide-ranging, learned, andlucid introduction to legal philosophy will be the text of choicefor any student or philosopher who wants a philosophicallysophisticated survey of the major topics that, at the same time,makes clear the continuing attraction of the natural lawtradition."
Brian Leiter, University of Texas at Austin

"Murphy executes a masterly and enlightening challenge tofashionable claims that 'all is not well' with the lawand its philosophy. Fully accessible to general audiences, his bookwill also inform and engage the specialist reader."
William A. Edmundson, Georgia State University

"Philosophy of Law itself is a well designed book onseveral levels ... Murphy hooks you from the start."
Stuart Hannabuss, Aberdeen Buisness School, Robert GordonUniversity

"A concise, well balanced, and articulate discussion. Theauthor has the capacity to present complex material with ease toits audience... A highly captivating interpretation of thephilosophy of law"
Internet Law Book Reviews