Book picks similar to
The Moral Limits of the Criminal Law: Harm to Self: Harm to Self Vol 3 by Joel Feinberg
philosophy
law
nonfic-misc
philosophy-of-law
The Concept of Law
H.L.A. Hart - 1961
First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers.In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question.Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world.
Life's Dominion
Ronald Dworkin - 1993
One of the country's most distinguished scholars presents a brilliantly original approach to the twin dilemmas of abortion and euthanasia, showing why they arouse such volcanic controversy and how we as a society can reconcile our values of life and individual liberty.
General Theory of Law and State
Hans Kelsen - 1945
This classic work by the important Austrian jurist is the fullest exposition of his enormously influential pure theory of law, which includes a theory of the state. It also has an extensive appendix that discusses the pure theory in comparison with the law of nature, positivism, historical natural law, metaphysical dualism and scientific-critical philosophy. "The scope of the work is truly universal. It never loses itself in vague generalities or in unconnected fragments of thought. On the contrary, precision in the formulation of details and rigorous system are characteristic features of the exposition: only a mind fully concentrated upon that logical structure can possibly follow Kelsen's penetrating analysis. Such a mind will not shrink from the effort necessary for acquainting itself with...the pure theory of law in its more general aspects, and will then pass over to the theory of the state which ends up with a carefully worked out theory of international law." Julius Kraft, American Journal of International Law 40 (1946):496.
The Morality of Law
Lon L. Fuller - 1965
Fuller extends and clarifies his definition of the relation between law and morality put forward in the first (1964) edition of The Morality of Law. His original argument distinguishes between the morality of duty and the morality of aspiration, both of which bear on the design and operation of social institutions: the former by setting the necessary preconditions of any purposive social endeavor, the latter by suggesting the directions for such endeavor. In the revised edition, Fuller takes accurate aim at the school of legal philosophy called the New Analytical Jurists and continues his long-running debate with his major intellectual antagonist, H.L.A. Hart. Although the author calls the new chapter "A Reply to Critics," his expressed reason for undertaking it indicates that it is more than that: "As critical reviews of my book came in, I myself became increasingly aware of the extent to which the debate did indeed depend on 'starting points' - not on what the disputants said, but on what they considered it unnecessary to say, not on articulated principles but on tacit assumptions. What was needed, therefore, it seemed to me, was to bring these tacit assumptions to more adequate expression than either side has so far been able to do." There is no question that Mr. Fuller here gives the assumptions of his side adequate expression. “The volume must be regarded as an important contribution of general interest to the study of the nature and function of law…Trenchant comment abounds throughout the book, and there is an immense amount of the most valuable material here, as well as considerable food for the thought…his book deserves to reach a very wide audience.” – Law Times.“The book is a provocative one which is certain to excite much academic comment here and abroad.” – Harvard Law Record.“Although fully intelligible to the undergraduate, this book is likely to receive its warmest reception form advanced students of the philosophy of law, who will welcome the relief provided from the frequently sterile tone of much recent work in the field.” – Choice
Natural Law and Natural Rights
John Finnis - 1980
This book uses contemporary analytical tools to provide basic accounts of values and principles, community and 'common good', justice and human rights, authority, law, the varieties of obligation, unjust law, and even the question of divine authority.
Why Tolerate Religion?
Brian Leiter - 2012
He offers new insights into what makes a claim of conscience distinctively religious, and draws on a wealth of examples from America, Europe, and elsewhere to highlight the important issues at stake. With philosophical acuity, legal insight, and wry humor, Leiter shows why our reasons for tolerating religion are not specific to religion but apply to all claims of conscience, and why a government committed to liberty of conscience is not required by the principle of toleration to grant exemptions to laws that promote the general welfare.
The Discipline of Law
Alfred Thompson Denning - 1979
They should be moulded and shaped to meet the needs and opinions of today. The Discipline of Law is a fascinating account of Lord Denning's personal contribution to the changing face of the law in this century.
On Virtue Ethics
Rosalind Hursthouse - 1999
Rosalind Hursthouse, who has made notable contributions to this development, here presents a full exposition and defense of her neo-Aristotelian version of virtue ethics. She shows howvirtue ethics can provide guidance for action, illuminate moral dilemmas, and bring out the moral significance of the emotions.
The Harm in Hate Speech
Jeremy Waldron - 2012
For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities.Causing offense--by depicting a religious leader as a terrorist in a newspaper cartoon, for example--is not the same as launching a libelous attack on a group's dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home.Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.
The Philosophy of Law: A Very Short Introduction
Raymond Wacks - 2006
Revealing the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, Raymond Wacks explores the notion of law and its role in our lives. Referring to key thinkers from the classical world to the modern, he looks at the central questions behind legal theory that have always fascinated lawyers and philosophers, as well as anyone who ever wondered about law's relation to justice, morality, and democracy.About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.
The Art of War and other Laws of Power
Sun Tzu
In this newest translation of The Art of War readers will benefit from the interpretations from other translators and strategist, as well as the 50 strategic rules, including: -- How to look for strategic turns to meet the competition-- How to attain strategic superiority and crush the competition-- How to plan surprise and stay ahead of the game-- And more timeless wisdom that will allow you to compete and win in the dynamic business environment!Business managers around the world have tapped into this ancient wisdom; it is time to master The Art of War for Manager for the existence and growth of your business!
Fallout 3 Game of the Year Edition - Prima Official Game Guide
David Hodgson - 2009
• Covers the entire main game and all five Add-On games: Operation: Anchorage, The Pitt, Broken Steel, Point Lookout, and Mothership Zeta.• Your Essential Wasteland Companion: walkthroughs and over 200 detailed maps give you all the tactics, locations, items, and rewards!• Info and stats on all the perks, armor, weapons, items, factions, and entities you'll encounter.• Moral compass choices revealed! Villain or virtuous? Our guide's flowcharts will let you know which road to follow for your chosen path.• Giant map poster to guide you through the Wasteland.
In a Cardboard Belt!: Essays Personal, Literary, and Savage
Joseph Epstein - 2007
Taking his title from the wounded cry of the once great Max Bialystock in The Producers -- “Look at me now! Look at me now! I’m wearing a cardboard belt!” -- Epstein gives us his largest and most comprehensive collection to date.Writing as a memoirist, polemicist, literary critic, and amused observer of contemporary culture, he uses to deft and devastating effect his signature gifts: wide-ranging erudition, sparkling humor, and a penetrating intelligence. In personally revealing essays about his father and about his years as a teacher, in deeply considered examinations of writers from Paul Valery to Truman Capote, and in incisive take-downs of such cultural pooh-bahs as Harold Bloom and George Steiner, this remarkable collection presents us with the best work of our country’s most singular talent, engaged with the richness and variety of life, witty in his response to the world, and always entertaining.
Don't Go To Law School (Unless): A Law Professor's Inside Guide to Maximizing Opportunity and Minimizing Risk
Paul Campos - 2012
When is it still worth it? Law professor Paul Campos answers that question in this book, which gives prospective law students, their families, and current law students the tools they need to make a smart decision about applying to, enrolling in, and remaining in law school. Campos explains how the law school game is won and lost, from the perspective of an insider who has become the most prominent and widely cited critic of the deceptive tactics law schools use to convince the large majority of law students to pay far more for their law degrees than those degrees are worth.DON’T GO TO LAW SCHOOL (UNLESS) reveals which law schools are still worth attending, at what price, and what sorts of legal careers it makes sense to pursue today. It outlines the various economic and psychological traps law students and new lawyers fall into, and how to avoid them. This book is a must-read if you or someone you care about is considering law school, or wondering whether to stay enrolled in one now.
Justice as Fairness: A Restatement
John Rawls - 2001
In time the lectures became a restatement of his theory of justice as fairness, revised in light of his more recent papers and his treatise Political Liberalism (1993). As Rawls writes in the preface, the restatement presents "in one place an account of justice as fairness as I now see it, drawing on all [my previous] works." He offers a broad overview of his main lines of thought and also explores specific issues never before addressed in any of his writings.Rawls is well aware that since the publication of A Theory of Justice in 1971, American society has moved farther away from the idea of justice as fairness. Yet his ideas retain their power and relevance to debates in a pluralistic society about the meaning and theoretical viability of liberalism. This book demonstrates that moral clarity can be achieved even when a collective commitment to justice is uncertain.