Philosophy Of Law

In this revised edition, two distinguished philosophers have extended and strengthened the most authoritative text available on the philosophy of law and jurisprudence.

INTRODUCTION: WHAT IS THE PHILOSOPHY OF LAW?1 THE NATURE OF LAW Natural Law Theory, Legal Positivism, Legal Realism The Reemergence of Natural Law, The Attack on Traditional Jurisprudence: Critical Legal Studies and Feminist Jurisprudence, Suggestions for Further Reading, 2 MORAL THEORY A N D ITS APPLICATION TO LAW The Nature of Morality, The Nature of Moral Philosophy and Moral Theory, Utilitarianism and Social Policy, Kantianism, Rights, and Respect for Persons, Moral Philosophy and Constitutional Law: Freedom of Speech and Press, Moral Skepticism and the Limitations of Constitutional Analysis, 3 CRIME A N D PUNISHMENT Why Have the Criminal Law at All? Kantianism and Retribution, Mental States, Excuses, and Strict Liability, Choosing the Proper Punishment, 4 PHILOSOPHY A N D THE PRIVATE LAW Tort Law, Contract Law, 5 LAW A N D ECONOMICS Basic Concepts and Models, Applying Economics to Law, Objections to the Economic Analysis of Law