The Philosophy of Law is a broad-reaching text that guides readers through the basic analytical and normative issues in the field, highlighting key historical and contemporary thinkers and offering a unified treatment of the various issues in the philosophy of law.
- Enlivened with numerous, everyday examples to illustrate various concepts of law.
- Employs the idea of three central commonplaces about law - that law is a social matter, that law is authoritative, and that law is for the common good - to organize seemingly disparate topics and to bring rival views into contention with each other.
- The first volume in the Fundamentals of Philosophy series, in which leading philosophers explore the fundamental issues and core problems in the major sub-disciplines of philosophy.
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 Law Theory”?.
For Further Reading.
Chapter 2: Normative Fundamentló0