In this one-of-a-kind text, George P. Fletcher, a renowned legal theorist, offers a provocative yet accessible overview of the basics of legal thought. The first section of the book is designed to introduce the reader to fundamental concepts such as the rule of law and deciding cases under the law. It continues with an analysis of the values of justice, desert, consent, and equality, as they figure into our judgment of legal cultures in terms of soundness and legitimacy. The final chapters address the problems of morality and consistency in the law. In each case the author not only introduces the basic ideas but considers important arguments in the contemporary literature and raises original claims of his own. Ideally suited for courses in the philosophy of law, legal issues, and jurisprudence,
Basic Concepts of Legal Thoughtfills a void in the literature, as there is no other volume that both eases law students into the mysteries of legal philosophy and provides an introduction to the legal mind for non-lawyers.
Introduction
Part I: The Legal System1. The Rule of Law
2. Law
3. Rules and Discretions
4. Discourse
Part II: Some Ultimate Values5. Justice
6. Desert
7. Consent
8. Morality
Part III: Morality in the Law9.
10. Efficiency
11. Loyalty
12. Consistency
Index
[The author] has identified topics that are important and fundamental to legal philosophy and has written about them in an interesting and accessible way. --G. Edward White,
University of Virginia School of Law