Murphy Philosophy of Law

The Fundamentals
1. Auflage 2013
ISBN: 978-1-118-00810-2
Verlag: John Wiley & Sons
Format: PDF
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch, 232 Seiten, E-Book

Reihe: Fundamentals of Philosophy

The Philosophy of Law is a broad-reaching text that guidesreaders through the basic analytical and normative issues in thefield, highlighting key historical and contemporary thinkers andoffering a unified treatment of the various issues in thephilosophy of law.
* * Enlivened with numerous, everyday examples to illustratevarious concepts of law.
* Employs the idea of three central commonplaces about law - thatlaw is a social matter, that law is authoritative, and that law isfor the common good - to organize seemingly disparate topics and tobring rival views into contention with each other.
* The first volume in the Fundamentals of Philosophyseries, in which leading philosophers explore the fundamentalissues and core problems in the major sub-disciplines ofphilosophy.

Autoren/Hrsg.

Murphy, Mark C.

Inhaltsverzeichnis

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.

Über Autor(innen)

Mark C. Murphy is Professor of Philosophy atGeorgetown University, where he works in moral, political, andlegal philosophy. He is the author of Natural Law and PracticalRationality (2001), An Essay on Divine Authority (2002), andNatural Law in Jurisprudence and Politics (2006), and the editor ofAlasdair MacIntyre (2003).