What is the nature of law as a form of social order? What bearing do values like justice, human rights, and the rule of law have on law? Which values should law serve, and what limits must it respect in serving them? Are we always morally bound to obey the law? What are the philosophical problems that arise in specific areas of law, from criminal and tort law to contract law and public international law? The book provides an accessible, comprehensive, and high quality introduction to the major themes of legal philosophy written by a stellar international cast of contributors, including John Finnis, Martha Nussbaum, Fred Schauer, Onora O'Neill and Antony Duff. The volume is an exceptional teaching tool that provides a critical introduction to cutting-edge work in the philosophy of law.
Author(s): John Tasioulas (editor)
Series: Cambridge Companions to Law
Publisher: Cambridge University Press
Year: 2020
Language: English
Pages: x, 424 p.
City: Cambridge; New York
Copyright
Contents
List of Contributors
Introduction / John Tasioulas
Part I General Theory
1 Methodology / Grant Lamond
2 The Nature of Law / John Finnis
3 Legal Reasoning / Martha C. Nussbaum
4 Law and Living Well / Timothy Macklem
5 Social Science and the Philosophy of Law / Frederick Schauer
Part II Values
6 The Rule of Law / John Tasioulas
7 Justice without Ethics: A Twentieth-Century Innovation? / Onora O’Neill
8 Rights and Human Rights / Jeremy Waldron
9 Equality and Discrimination / Sophia Moreau
10 Authority and Legitimacy / Christoph Kletzer & Massimo Renzo
11 The Ends and Limits of Law / John Stanton-Ife
Part III Special Theory
12 Causation and Responsibility / Richard Holton
13 Punishment / Christopher Bennett & Kimberley Brownlee
14 Constitutional Law / Mitchell N. Berman
15 Civil Rights and Liberties / Sherif Girgis & Robert P. George
16 Criminal Law / R.A. Duff
17 Contract / Daniel Markovits
18 Tort Law and Its Theory / John Gardner
19 Property Law / Larissa Katz
20 International Law / Guglielmo Verdirame
Index
