ABSTRACT

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.

part |1 pages

PART I What is the law?

chapter 1|12 pages

Morality, justice and natural law

chapter 2|19 pages

Early positivism and legal realism

chapter 3|15 pages

Modern positivism and its critics

chapter 4|21 pages

Contemporary theories of law

chapter 5|19 pages

Law and modernity

part |1 pages

PART II The reach of the law

chapter 6|18 pages

Authority and obligation

chapter 7|18 pages

Legal and moral rights

chapter 8|13 pages

Liberty, privacy and tolerance

chapter 9|15 pages

Modernity and the reach of the law

part |1 pages

PART III Criminal responsibility and punishment

chapter 10|23 pages

Responsibility and guilt

chapter 11|12 pages

Insanity and diminished responsibility

chapter 12|22 pages

Theories of punishment

chapter 13|17 pages

Crime and modernity