Synopses & Reviews
This analytical anthology introduces students with little background in either to both law and philosophy using prominent classic political philosophers, legal theorists, and abundant landmark court cases. Legal issues are placed in their historical and philosophical contexts. The book considers critical issues such as civil disobedience, war crimes, and the death penalty. It teaches the basics of international, constitutional, and criminal law and shows how philosophy of law helps makes sense of and unifies the seeming scraps and fragments of law. The chapters focus on different areas of law and on different philosophers and philosophies. A classical political philosopher anchors each area of law covered. The anthology includes writings from prominent political philosophers (Plato, Aristotle, Hobbes, Locke, Kant, Mill, Nietzsche, and Rawls), from classical legal theorists (Aquinas, Grotius, Austin, Fuller, Hart, and Dworkin), and from judicial opinions (Justices Blackmun, Brennan, Marshall, Rehnquist, and Scalia).
Description
Includes bibliographical references (p. 498-507) and index.
Table of Contents
Chapter 1: Law and Philosophy: Preliminary Inquiries
A. Images of Law
Benjamin Sells (1994) "What Does the Law Want?"
B. Natural State of War: Hobbes
1. Hypothetical State of Nature.
Thomas Hobbes, Of the Natural Condition of Mankind as Concerning Their Felicity and Misery
2. Real State of Nature?
Colin M. Turnbull (1972) Man Without Law
C. Law and Obedience
1. Duty of Obey the Law.
Plato, :The Last Days of Socrates
2. Right to Disobey the Law.
John Rawls (1971) Definition and Justification of Civil Disobedience
D. Contrasting Legal Theories: A Hypothetical Case
Lon L. Fuller (1949) The Case of the Speluncean Explorers
E. Philosophy: An Introduction
Bertrand Russell (1959) What is Philosophy?
F. Areas of Law
G. Legal Systems
1. Common Law Systems
2. Civil Law Systems
3. Regional Law
4. International Law
Chapter 2: Values: International Law
A. Future State of Peace: Kant
1. Universal Ethics and International Law
(and more...)