Legal Philosophy, 1st edition

Published by Pearson (February 6, 2013) © 2013

  • Stephen Riley Sheffield Hallam University
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Legal Philosophy offers an engaging introduction to the most important themes shared by law and philosophy. It examines the key concepts that characterise what law tries, or ought to try to do, providing analysis of what leading thinkers and theorists from varying, often conflicting, schools of thought have contributed to our understanding of them. It examines concepts central to law, such as “person,” “good,” “right,” “rules,” and “justice” and, by taking this approach, aims to develop your students' skills around questioning and reasoning.

This edition includes a Companion Website.

Introduction

 

Chapter 1  Justice

1    Ends

a. Judgment

b. Desert

c. Truth

 

2 Means

a. Adjudication

b. Impartiality

c. Equality

 

3 Individuals

a. The individual’s good

b. Rights

c. Status

 

4 Collectives

a. The common good

b. The rule of law

c. Authority

 

5    Philosophy and justice

a. Meta-theory

b. Scepticism

c. Pragmatism

 

Questions

 

Concepts and methods

§    Theorising

 

Further reading

 

 

 

Chapter 2  Person

1    Facts and values

a. Humans and persons

b. Science and facts

c. Humanity and human nature

 

2    Aristotle

a. The human species

b. Political animals

c. The situated person

 

3    Humanism

a. Humanity and persons

b. Liberty

c. Fraternity and equality

 

4    Feminism

a. The second sex

b. Nature as ideology

c. Identity politics

 

5    Freedom

a. Freedom as liberty

b. Freedom as rationality

c. Freedom as autonomy

 

Questions

 

Concepts and methods

§    Ideas and ideology

 

Further reading

 

 

 

Chapter 3  Good

1    The good

a. The human good

b. A good life and justice

c. Happiness and harmony

 

2    Plato

a. The good and the individual

b. The good and the state

c. Contemporary Platonism

 

3    Natural law

a. Early natural law

b. Natural law and religion

c. Modern natural law

 

4    Utilitarianism

a. Hedonism

b. Utilitarianism

c. Variants of utilitarianism

 

5    Place and property

a. Property

b. Environment

c. Capability

 

Questions

 

Concepts and methods

§ Values

 

Further reading

 

 

Chapter 4  Right

1    Right

a. Right and truth

b. Right answers

c. Right as justice

 

2    Right as correspondence

a. Kant: right as duty

b. Hegel: right made social

c. Marx: right made material

 

3    Right as coherence

a. Hobbes: right as contract

b. Mill: right as liberty

c. Rawls: right as fairness

 

4    Rights

a. Hohfeld: distinguishing rights

b. Dworkin: rights as trumps

c. Nozick: rights as constraints

 

5    Human rights

a. From natural rights to human rights

b. Particularity versus universality

c. Human rights and liberalism

 

Questions

 

Concepts and methods

§ Logic

 

Further reading

 

 

Chapter 5  Rule

1    Rules

a. Rules as commands

b. Forms and functions of rules

c. Formalism and anti-formalism

 

2    Positivism

a. Origins of positivism

b. Logical posit

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