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| | Philosophy of law - Wikipedia, the free encyclopedia |
 | | Philosophy of law is a branch of philosophy and jurisprudence which studies basic questions about law and legal systems, such as "what is the law?", "what are the criteria for legal validity?", "what is the relationship between law and morality?", and many other similar questions. | | | Philosophers of law are also concerned with a variety of philosophical problems that arise in particular legal subjects, such as constitutonal law, contract law, criminal law, and torts. | | | Thus, philosophy of law addresses such diverse topics as theories of contract law, theories of criminal punishment, theories of tort liability, and the question whether judicial review is justified. |
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http://en.wikipedia.org/wiki/Philosophy_of_law
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| | Philosophy of Law |
| | Philosophy of Law (PHIL 22B) reflects the conviction that the law, when it is studied in relation to fundamental social issues, is one of the most fascinating subjects to which we can be exposed. | | | Under the common law, fairness requires that a defendant be told whether he or she is charged with larceny, or embezzlement, or false pretenses in order to prepare the appropriate defense and that he or she be convicted only if a jury can agree upon which of the three was committed. | | | The criminal law also sometimes punishes omissions and omissions by their very nature are not acts, but failures to act. |
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http://people.brandeis.edu/~teuber/lawintro.html
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| | Philosophy of Law [Internet Encyclopedia of Philosophy] |
| | Accordingly, an unjust law can be legally valid, but cannot provide an adequate justification for use of the state coercive power and is hence not obligatory in the fullest sense; thus, an unjust law fails to realize the moral ideals implicit in the concept of law. | | | For example, one principal objective of feminist jurisprudence is to show how patriarchal assumptions have shaped the content of laws in a wide variety of areas: property, contract, criminal law, constitutional law, and the law of civil rights. | | | Philosophers of law are concerned with providing a general philosophical analysis of law and legal institutions. |
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http://www.utm.edu/research/iep/l/law-phil.htm
(6898 words)
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| | Jurisprudence - Wex |
| | Positivists argue that there is no connection between law and morality and the the only sources of law are rules that have been expressly enacted by a governmental entity or court of law. | | | Critical legal studies (http://www.law.cornell.edu/topics/critical_theory.html), feminist jurisprudence (http://www.law.cornell.edu/topics/feminist_jurisprudence.html), law and economics, utilitarianism, and legal pragmatism are but a few of them. | | | The word jurisprudence derives from the Latin term juris prudentia, whichmeans "the study, knowledge, or science of law." In the United States jurisprudence commonly means the philosophy of law. |
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http://www.law.cornell.edu/topics/jurisprudence.html
(502 words)
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| | Law, philosophy of : Routledge Encyclopedia of Philosophy Online |
| | The interpenetration of equity with law, and the interweaving of ideas of justice, equity and law, can be taken to point to a similar moral (see Justice, equity and law), and idealistic approaches to legal theory give a deeper grounding for such an approach (see Legal idealism). | | | If laws characteristically carry punishments or awards of damages for their infraction, some theory to justify penal and compensatory institutions is called for (see Crime and punishment; Contract law, theories of; Justice, corrective). | | | If law concerns good order, and if politics aims at good order in a polity, law must be a crucial part of politics; but in this case a subordinate part, for politics determines law, but not law politics. |
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http://www.rep.routledge.com/article/T001#T001P5.16
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| | PHILOSOPHY OF LAW |
| | A philosophy of law is a philosophy of the nature and justification of a certain form of institution, as well as a set of specific laws. | | | But beyond these, the law is so multifaceted that no course in the philosophy of law can do justice to the subject in its entirety. | | | The institutional form of a legal system and the imperative form of (many) specific laws permit a broad inquiry into the nature of law as such. |
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http://www.louisville.edu/~ahkole01/35001.html
(1794 words)
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| | Philosophy and Law |
| | Read as much as you can about the United States Supreme Court (or other courts), about particular areas of law (such as divorce, abortion, privacy, capital punishment, antitrust, and homosexual rights), about great attorneys and jurists, and about the history of our legal and political systems (as well as how they are related). | | | While some substantive knowledge is undoubtedly conveyed in law-school courses, for the most part the objectives are to teach you (a) the origin, structure, and functions of law; (b) the basic legal principles and procedures of law; and (c) how to go about answering legal questions. | | | Many commonly used legal terms, such as "res ipsa loquitur" (the thing speaks for itself), "habeas corpus" (you have the body), and "feræ naturæ" (of a wild nature or disposition) are of Latin origin, as you can see by consulting any legal dictionary. |
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http://www.unc.edu/depts/phildept/law.html
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| | The Philosophical Gourmet Report 2004 - 2006 :: The Study of Philosophy in Law Schools and Top Law Schools |
| | There is a large legal literature on the philosophical foundations of criminal law (addressing, for example, issues about free will and moral responsibility, and the justification of punishment); and more recently, there has been a growing interest in law schools in philosophy of language, metaethics and Continental philosophy. | | | Legal philosophy has been a thriving area of debate in law schools ever since H.L.A. Hart's The Concept of Law (1961); and issues of moral and political philosophy have been discussed both in connection with legal philosophy, as well as constitutional law, torts, and contracts. | | | Many publications rank law schools; none do it competently, and most produce rankings that are regarded as bad jokes by legal scholars and lawyers. |
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http://www.philosophicalgourmet.com/lawsch.htm
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| | Philosophy of Law |
| | But Congress may introduce the practice of the civil law, in preference to that of the common law. | | | Unless the jury trying the case makes a finding of at least one statutory aggravating circumstance and recommends the death sentence in its verdict, the court shall not sentence the defendant to death, provided that no such finding of statutory aggravating circumstance shall be necessary in offenses of treason or aircraft hijacking. | | | Juries are invariably given careful instructions on the law and how to apply it before they are authorized to decide the merits of a lawsuit. |
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http://people.brandeis.edu/~teuber/lawgregg.html
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| | Philosophy of Law |
| | Dworkin claims that law is interpretative; and that once this is understood Hart*s theory in particular and legal positivism in general must be rejected. | | | We will be concerned primarily with understanding the normativity of law and secondarily with understanding how an account of the normativity of law bears on issues of legal interpretation and constitutionalism. | | | (3) What does it mean to say that law is conventional? |
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http://www.bgsu.edu/departments/phil/coursedescriptions/philoflaw.htm
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| | Philosophy of Law |
| | Black's Law Dictionary is in the reference section of Sterne Library (KF156 B53 1990), as are the main legal encyclopedias--American Jurisprudence 2d and Corpus Juris Secundum. | | | The legal arguments in the Nuremberg trials: the arguments of the defense are said to reflect a positivist notion of law (Austin's in particular), whereas the ultimate judgment is said to reflect a natural law position. | | | Oyez: A U.S. Supreme Court Database Major Constitutional cases; includes audio recordings of court proceedings. |
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http://www.uab.edu/philosophy/faculty/benditt/phillaw.htm
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| | The Natural Law Tradition in Ethics |
| | It is clear from this way of putting the question that even if natural law theorists are right that this implicit knowledge is widely distributed, it would be easy for natural law theorists to disagree in their catalogs of basic goods. | | | It is part of the logic of obligation that when one is under an obligation, that condition has resulted from a demand imposed on him or her by some other party. | | | Even within the constraints set by the theses that constitute the paradigmatic natural law position, there are a number of variations possible in the view. |
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http://plato.stanford.edu/entries/natural-law-ethics
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| | 20th WCP: Constitutional Paideia: Remarks on Hegel's Philosophy of Law |
| | It may be argued that, while Hegel's notion of constitutional theory may be governed by mechanisms that preclude constitutional populism, it is still be bound to the context of a particular legal community and thus incapable of thematizing those "higher" norms and principles whose accommodation is the task of any legitimate modern constitution. | | | Or again, Hegel's theory of constitutional paidiea demonstrates why constitution-founding is always a matter of reconstitution, how a constituted people can also claim constitutive power (un pouvoir constituant constitu‚s!), and how by fashioning constitutional politics as a legally governed parliamentary process, Hegel provides a method for navigating a course between rights foundationalism and legal populism. | | | Similarly, appreciation of Hegel's position demonstrates that constitutionalism need not be distinct from popular sovereignty and that liberal commitment to the rule of law is not antithetical to conditions for collective identity and mutual trust. |
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http://www.bu.edu/wcp/Papers/Poli/PoliBuch.htm
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| | Pre-law information |
| | Students with this emphasis area are strongly advised to partially fulfill their advanced social science requirement by taking one or more of American Constitutional Law I and II (POSC 432 and 433), Law Courts and Politics (POSC 434). | | | The Philosophy major with a Law, Liberty, and Justice Emphasis Area listed officially on transcripts and diplomas. | | | Other: United States Legal History to 1890 (HIST 328), United States Legal History since 1890 (HIST 329), and nine additional credits in philosophy selected with the advice and consent of the departmental pre-law advisor. |
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http://www.clemson.edu/caah/philosophy/website/html/prelaw.html
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| | Philosophy of Law |
| | All of us live under a legal system and must confront the law in many aspects in our daily lives. | | | Section 15: Private Agreements: The Law of Contract | | | And yet most people know little more about the law than what they pick up from television crime and lawyer dramas. |
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http://spruce.flint.umich.edu/~jamia/362/syl362fall03.htm
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| | PHILOSOPHY OF LAW |
| | Shaw, Readings in the Philosophy of Law Jules Coleman and E.F. Paul, Philosophy and Law [on reserve] COURSE DESCRIPTION: This course will introduce you to some of the central philosophical issues connected with the law: What is the nature and purpose of the law? | | | 3-18 MON 01/08 Lecture.01: Philosophical Issues in the Law Distribute syllabus TUE 01/09 Are we obligated to obey the law? | | | 1-14 MON 01/22 Is the validity of law dependent on morality? |
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http://www.hanover.edu/philos/john/office/syllabi/law_w96.html
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| | PHL/POL 3132A Philosophy of Law |
| | Students will examine controversial issues in the law as a way to understand the debates over the ultimate justification of legal authority. | | | [Oliver Wendell Holmes: The Path of the Law. | | | These will provide material for more theoretical debates between legal positivism, natural law, and legal constructivism. |
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http://alien.dowling.edu/~cperring/phl3132f05.html
(1074 words)
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| | Philosophy of Law |
| | Also: felony-murder, strict criminal liability, and a brief excursus on whether the law is more or less like the rules of a game (e.g. | | | In attempting to resolve a particular puzzler, think how you yourself would decide the case rather than how you would predict the case would be decided in a court of law. | | | An effort will be made to get at the principles underlying differing judicial judgments about particular cases as well as to answer more general questions: Under what conditions should a person be held responsible for his or her acts? |
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http://people.brandeis.edu/~teuber/law.html
(640 words)
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| | Philosophy of Law |
| | The second part of the course examines, in some detail, a contemporary challenge to the traditional idea that "the rule of law" should be impartial and objective: the so-called "Critical Legal Studies movement." In the third, we will explore special problems in jurisprudence, such as legal paternalism, constitutional privacy, freedom of expression, and constitutional interpretation. | | | Lon L. Fuller: Eight Ways to Fail to Make Law, from The Morality of Law (1964). | | | Norman Kretzmann: "Lex iniustia Non Est Lex: Laws on Trial in Aquinas' Court of |
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http://www.kzoo.edu/phil/LawW01.html
(692 words)
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| | Philosophy of Law |
| | Skubik seeks to overcome the divide between the legal positivist and natural law traditions by showing Hart's own theory to be a version of natural law. | | | At the Intersection of Legality and Morality: Hartian Law as Natural Law | | | Follow this link to an alphabetical listing of the cases held at the Cornell Legal Institute site. |
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http://www.calbaptist.edu/dskubik/phillaw.htm
(1183 words)
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| | Philosophy of Law at Erratic Impact's Philosophy Research Base |
| | It is the first book to expound and critique postmodern legal theory and its ramifications for a mainstream audience of legal scholars and philosophers... | | | Annual Review of Law and Ethics / Jahrbuch für Recht und Ethik. | | | Site also includes links to Online Law Dictionaries: |
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http://www.erraticimpact.com/~topics/html/philosophy_of_law.htm
(298 words)
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| | Philosophy of Law |
| | Catalog description: “Philosophy of Law: Introduces major theories and arguments concerning the nature of law and the relationship between law and justice. | | | Topics include legal positivism, natural law, punishment, causation, liability, abortion and the death penalty.” | | | In this course we will think philosophically about the law, focusing especially on the nature of law and its relation to morality and the proper limits of the criminal law. |
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http://www.uwec.edu/PhilRel/faculty/McAleer/phil310sylspr04.htm
(915 words)
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| | Philosophy of Law |
| | Friedrich, Carl Joachim, The Philosophy of Law in Historical Perspective (2d ed., Chicago 1963) | | | Pound, Roscoe, An Introduction to the Philosophy of Law (New Haven 1975) | | | Milsom, S.F.C., Historical Foundations of the Common Law (London 1969) |
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http://www.smu.edu/philosophy/law/furtherreading.htm
(412 words)
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| | Penn Law - Institute for Law & Philosophy |
| | The Institute for Law and Philosophy brings together a large number of scholars for the purpose of discussing the application of legal theory to contemporary legal, moral and political issues. | | | September 10, 2004 - Mini-Symposium on Kant on Law | | | Penn Law - Institute for Law and Philosophy |
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http://www.law.upenn.edu/academics/institutes/ilp
(162 words)
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| | EpistemeLinks: Website results for Philosophy of Law |
| | Description: dedicated to furthering legal education by providing a virtual classroom where law professors can share information and exchange ideas with colleagues, law students, lawyers and members of the public. | | | Description: A massive and valuable dictionary of terms in law and legal philosophy | | | Description: A lengthy collection of tort cases from the United States and Great Britain as well as cases and essays on Morality and the Law, the History of Law, and Responsibility. |
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http://www.epistemelinks.com/Main/Topics.aspx?TopiCode=Law
(332 words)
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| | EpistemeLinks: Events for Philosophy of Law |
| | Description: "The 5th annual Inland Northwest Philosophy Conference will focus on topics related to law and social justice. | | | Should legal systems accord special rights or exemptions to ordinary citizens who dissent from prevailing legal norms? | | | Inland Northwest Philosophy Conference: Law and Social Justice |
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http://www.epistemelinks.com/Main/Events.aspx?TopiCode=Law
(893 words)
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| | Undergraduate Program |
| | Philosophy majors must meet the academic requirements of the | | | Departmental requirements include a minimum of 40 hours of coursework in philosophy, of which at least three courses must be numbered at the 400 level or above. | | | Pre-law and Pre-theology students frequently select philosophy as a major to obtain a solid preparation for the study of law or religion. |
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http://www.philosophy.ohiou.edu/undergrad.html
(322 words)
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| | USC Center for Law and Philosophy |
| | The USC Center for Law and Philosophy is devoted to the promotion of interdisciplinary scholarship in legal, moral, and political philosophy. | | | is a joint project of the Law School and the College of Letters, Arts, and Sciences. | | | The Center holds conferences and workshops, and works with faculty and students to enhance the study of law and philosophy at USC. |
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http://lawweb.usc.edu/clp
(91 words)
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| | philosophy of law: an encyclopedia |
| | This digital document is an article from Journal of Church and State, published by J.M. Dawson Studies in Church and State on June 22, 2001. | | | Encyclopedia of the Science of Law: Introduction (Collected Works of Herman Dooyeweerd) [ philosophy of law: an encyclopedia ] | | | philosophy of law: an encyclopedia - Page 1 |
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http://www.books-n-magazines.com/kwp/philosophy_of_law:_an_encyclopedia.html
(626 words)
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| | OUP: Philosophy of Law |
| | Professor Patterson addresses large and difficult issues of metaphysics, epistemology, and the philosophy of language, which many believe to lie at the foundations of law and legal reasoning." | | | to the forefront of controversy in the philosophy of law and related philosophical disciplines... | | | Sanford Levinson, University of Texas at Austin School of Law |
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http://www.oup.co.uk/academic/humanities/philosophy/reviews/law
(349 words)
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| | Law and Philosophy Program |
| | Students must apply separately and secure admission to each unit. | | | Tuition at the Law School continues to be the lowest of any of the nation's leading law schools. | | | After the first year, out-of-state students qualify for in-state law school tuition if they also hold a TA appointment in philosophy. |
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http://www.utexas.edu/law/academics/centers/philosophy
(270 words)
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| | Meeler's Syllabi -- Philosophy of Law |
| | G. Dworkin &; "Paternalism" from Morality and the Law | | | Feinberg — "The Dilemmas of Judges Who Must Interpret ‘Immoral’ Laws" | | | Posner — "The Concept of Corrective Justice in Recent Theories of Tort Law" |
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http://www.philosophy.ucsb.edu/faculty/meeler/law.htm
(198 words)
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| | NYU > Philosophy > Nagel, Thomas |
| | "The Problem of Global Justice" This is an electronic version of an article published in Philosophy and Public Affairs. | | | University Professor; Professor of Law; Professor of Philosophy | | | Complete citation information for the final version of the paper, as published in the print edition of Philosophy and Public Affairs, is available on the Blackwell Synergy online delivery service, accessible via the journal's website at www.blackwellpublishing.com/papa or http://www.blackwell-synergy.com. |
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http://philosophy.fas.nyu.edu/object/thomasnagel
(187 words)
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| | Philosophy of Law |
| | There is only one required text for this class: Feinberg and Gross, eds., Philosophy of Law 5ed. | | | This course will cover three large areas within the philosophy of law. | | | Hart, Positivism and the Separation of Law and Morals |
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http://www.ku.edu/cwis/units/philos/public_html/courses/97rsl674.html
(256 words)
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| | 20th WCP: Philosophy of Law |
| | Judge Posner's Challenge to the Philosophy of Law | | | Logic and Law in Russian and Western Culture | | | Additional papers may be added to this section as electronic versions are aquired and formatted for the archive. |
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http://www.bu.edu/wcp/MainLaw.htm
(228 words)
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| | Philosophy of Law |
| | course description: This advanced undergraduate/graduate-level course offers a detailed, critical examination of one of the central issues in the philosophy of law: the problem of punishment. | | | The legal institution of punishment involves treating people in ways that it is typically wrong to treat people (e.g., taking away their money, locking them up in cages, killing them). |
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http://spot.colorado.edu/~boonind/phil42605260fall05.html
(682 words)
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| | Peter Suber, "Philosophy of Law" |
| | This is the course home-page for Philosophy 67, Philosophy of Law. | | | Fran Rasmus will be giving Lexis workshops in the Lilly Library reference area on January 21, and again on January 28, in each case from 7:30 to 9:00 pm. | | | Peter Suber, Department of Philosophy, Earlham College, Richmond, Indiana, 47374, U.S.A. peters@earlham.edu. |
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http://www.earlham.edu/~peters/courses/law/lawhome.htm
(88 words)
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| | APA Newsletters - Philosophy and Law |
| | (joint issue with The APA Newsletter on Philosophy and the Black Experience) |
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http://www.apa.udel.edu/apa/publications/newsletters/law.html
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