The Blackwell Guide to the Philosophy of Law and Legal Theory
November 2004, ©2004, Wiley-Blackwell
- Comprises 23 essays critical essays on the central themes and
issues of the philosophy of law today, written by an international
assembly of distinguished philosophers and legal theorists
- Each essay incorporates essential background material on the
history and logic of the topic, as well as advancing the
- Represents a wide variety of perspectives on current legal theory
Introduction: William A. Edmundson (Georgia State University).
Part I: Contending Schools of Thought:.
1. Legal Positivism: Brian H. Bix (University of Minnesota).
2. Natural Law Theory: Mark C. Murphy (Georgetown University.
3. American Legal Realism: Brian Leiter (University of Texas at Austin).
4. Economic Rationality in the Analysis of Legal Rules and Institutions: Lewis A. Kornhauser (New York University).
5. Critical Legal Theory: Mark V. Tushnet (Georgetown University).
6. Four Themes in Feminist Legal Theory: Difference, Dominance, Domesticity, and Denial: Patricia Smith (Baruch College and the Graduate Center, City University of New York).
Part II: Doctrinal Domains and Their Philosophical Foundations:.
7. Criminal Law Theory: Douglas Husak (Rutgers University).
8. Philosophy of Tort Law: Between the Banal and the Esoteric: Benjamin C. Zipursky (Fordham University).
9. Contract Theory: Eric Posner (University of Chicago).
10. The Commons and the Anticommons in the Law and Theory of Property: Stephen R. Munzer (University of California, Los Angeles).
11. Legal Evidence: Alvin I. Goldman (Rutgers University).
Part III: Perennial Topics:.
12. Obligation: Matthew H. Kramer (Cambridge University).
13. Theories of Rights: Alon Harel (University of Jerusalem).
14. A Contractarian Approach to Punishment: Claire Finklestein (University of Pennsylavania).
15. Responsibility: Martin P. Golding (Duke University).
16. Legislation: Jeremy J. Waldron (Columbia University).
17. Constitutionalism: Larry A. Alexander (University of San Diego).
18. Adjudication and Legal Reasoning: Richard Warner (Illinois Institute of Technology).
19. Privacy: William A. Edmundson (Georgia State University).
Part IV: Continental Perspectives:.
20. On Legal Positivism and Natural Law Theory: Jes Bjarup (Stockholm University).
21. Some Contemporary Trends in Continental Philosophy of Law: Guy Haarscher (Free University of Brussels).
Part V: Methodological Concerns:.
22. Objectivity: Nicos Stavropoulos (Oxford University).
23. Can There Be a Theory of Law?: Joseph Raz (Oxford University).
William A. Edmundson is Professor of Law and of Philosophy at Georgia State University. He is author of Three Anarchical Fallacies (1998) and An Introduction to Rights (2004), and editor of The Duty to Obey the Law (1999). He is General Editor of the book series, Cambridge Introductions to Law and Philosophy.
Comprised of critical discussions of major topics in
contemporary philosophy of law and legal theory
Represents a wide variety of perspectives on current legal theory
Frederick Schauer, Harvard University
“In addition to offering excellent introductions to the
central topics of legal philosophy, the articles in this volume are
in their own right distinguished scholarly contributions to the
field. Students and specialists alike will find the book to be of
Stephen Perry, New York University School of Law
“This is a Guide that actually guides. All the
contributors provide excellent routemaps, sometimes across very
tricky terrain. At the same time, many of the contributors open up
new paths and new vistas. The result is a book that works at more
than one level: accessible secondary literature for those just
mastering the subject as well as challenging primary literature for
those already steeped in it.”
John Gardner, University of Oxford
"Convincing, lively, coherent, applied, unpretentious, even
though within a predominantly western paradigm, this guide is real
value for money. It is a guide not just to facts and ideas but also
to method; in addition it will serve as a portal for collection
managers to a wide range of must-haves for the library."
Stuart Hannabuss, Aberdeen Business School, Aberdeen