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A Companion to Philosophy of Law and Legal Theory, 2nd Edition

ISBN: 978-1-4051-7006-2
704 pages
March 2010, Wiley-Blackwell
A Companion to Philosophy of Law and Legal Theory, 2nd Edition (1405170069) cover image
The articles in this new edition of A Companion to Philosophy of Law and Legal Theory have been updated throughout, and the addition of ten new articles ensures that the volume continues to offer the most up-to-date coverage of  current thinking in legal philosophy.
  • Represents the definitive handbook of philosophy of law and contemporary legal theory, invaluable to anyone with an interest in legal philosophy
  • Now features ten entirely new articles, covering the areas of risk, regulatory theory, methodology, overcriminalization, intention, coercion, unjust enrichment, the rule of law, law and society, and Kantian legal philosophy
  • Essays are written by an international team of leading scholars
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List of Contributors.

Preface.

Introduction.

Part I: Areas of Law:

1. Property Law (Jeremy Waldron, New York University School of Law).

2. Contract (Peter Benson, University of Toronto).

3. Tort Law (Stephen R. Perry, The University of Pennsylvania Law School).

4. Criminal law (Leo Katz, The University of Pennsylvania School of Law).

5. Public international law (Philip Bobbitt, Columbia Law School).

6. Constitutional law and religion (Perry Dane, Rutgers University School of Law).

7. Constitutional law and interpretation (Philip Bobbitt, Columbia Law School).

8. Constitutional law and privacy (Anita L. Allen, University of Pennsylvania Law School).

9. Constitutional law and equality (Maimon Schwarzschild, The University of San Diego School of Law).

10. Evidence (John Jackson and Sean Doran, Queen’s University of Belfast).

11. Interpretation of statutes (William N. Eskridge, Jr., Yale Law School).

12. Conflict of laws (Perry Dane, Rutgers University School of Law).

Part II: Contemporary Schools and Perspectives:

13. Natural law theory (Brian Bix, University of Minnesota Law School).

14. Legal positivism (Jules L. Coleman, Yale Law School and Brian Leiter, University of Chicago).

15. American Legal realism (Brian Leiter, University of Chicago).

16. Critical legal studies (Guyora Binder, The State University of New York).

17. Postrealism and legal process (Neil Duxbury, London School of Economics and Political Science).

18. Feminist jurisprudence (Patricia Smith, The University of Kentucky).

19. Law and economics (Jon D. Hanson, Harvard Law School, Kathleen Hanson, Harvard Law School, and Melissa R. Hart, University of Colorado Law School).

20. Legal formalism (Ernest J. Weinrib, University of Toronto).

21. German legal philosophy and theory in the nineteenth and twentieth centuries (Alexander Somek, The University of Iowa College of Law).

22. Marxist theory of law (Alan Hunt, Carleton University).

23. Deconstruction (Jack M. Balkin, Yale Law School).

24. Law and society (Brian Z. Tamanaha, Washington University Law).

25. Postmodernism (Dennis Patterson, The European University Institute; Rutgers University School of Law; Swansea University).

26. Kantian legal philosophy (Arthur Ripstein, University of Toronto).

27. Legal pragmatism (Richard Warner, Illinois Institute of Technology).

Part III: Topics and Disciplines:

28. Law and Its Normativity (Roger A. Shiner, University of Alberta).

29. Law and Literature (Thomas Morawetz, The University of Connecticut School of Law).

30. The Duty to Obey the Law (M. B. E. Smith, Smith College).

31. Legal Enforcement of Morality (Kent Greenawalt, Columbia University School of Law).

32. Indeterminacy (Lawrence B. Solum, University of Illinois College of Law).

33. Precedent (Larry Alexander, The University of San Diego School of Law).

34. Punishment and Responsibility (George P. Fletcher, Columbia University School of Law).

35. Loyalty (George P. Fletcher, Columbia University School of Law).

36. Coherence (Ken Kress, University of Iowa College of Law).

37. The Welfare State (Sanford Levinson, University of Texas).

38. Legal Scholarship (Edward L. Rubin, Vanderbilt University Law School).

39. Authority of Law (Vincent A. Wellman, Wayne State University Law School).

40. Analogical Reasoning (Jefferson White, The University of Maine).

41. Risk: John Oberdiek (Rutgers University School of Law-Camden).

42. Regulatory Theory (Matthew D. Adler, The University of Pennsylvania Law School).

43. Methodology (Andrew Halpin, Swansea University School of Law).

44. Overcriminalization (Douglas Husak, Rutgers University).

45. Intention (Kimberly Kessler Ferzan, Rutgers University School of Law-Camden).

46. Coercion (Grant Lamond, Oxford University).

47. Unjust Enrichment (Ernest J. Weinrib, University of Toronto).

48. The Ideal of the Rule of Law (Andrei Marmor, University of Southern California).

Index.

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Dennis Patterson is Professor of Philosophy of Law and Legal Theory at the European University Institute in Florence, Italy, and is Board of Governors Professor of Law at Rutgers University School of Law (Camden, NJ). He is also Professor of Jurisprudence and International Trade at Swansea University, Wales. He has written widely in the philosophy of law and international trade law. His books include Law and Truth (1996), Mind, Meaning and Law (2008), and most recently The New Global Trading Order (2008) with Ari Afilalo. 
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"This is an outstanding collection of essays on the most important, fundamental concepts of law and legal theory...Recommended for any undergraduate student in this area or for any thinking person who wants to know more about the law and its reasons for being." (M/C Reviews, February 2011)

"Anyone interested in what philosophical issues underlie the major domains of law, what aims and assumptions animate the major movements of contemporary legal theory,  what issues of legal controversy are today uppermost and why, would do well to adopt this work as a companion, indeed a guide. Its 48 crisp, focused, and argumentative chapters make for lively companionship, and their authoritative outlines of and contributions to major fields make them reliable guides. It is a rich and accomplished collection."
Martin Krygier, The University of New South Wales

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