Philosophy of law : introducing jurisprudence

Includes bibliographical references and index.

HalfTitle; Series; Title; Copyright; Contents; Preface; Website; 1 Aspects of Law and Legal Systems; 1. The command theory; 2. Critique of the command theory; 3. Primary and secondary rules; 4. H.L.A. Hart's theory of law; 5. Predictive theories; 6. Rules and principles; 7. Legal validity and the sources thesis; 8. The separability of law and morality; 9. The authority of law; 10. The rule of law; 2 Courts and Legal Reasoning; 1. Is legal reasoning deductive?; 2. Legal realism; 3. Sources of law; 4. Indeterminacy; 5. Indeterminacy and critical legal studies.
6. Hart on rule-skepticism7. Theories of law versus theories of adjudication; 8. Right answers; 9. Precedent; 3 Making, Justifying, and Evaluating Law; 1. Making law; 2. Normative concepts for justifying and evaluating law; 3. Moral evaluation of the criminal law; 4. Punishing omissions: Bad Samaritan Laws; 4 Law and Individual Obligation; 1. The duty to obey the law; 2. Civil disobedience; 5 Private Law; 1. Constructive interpretation of legal doctrine; 2. Property; 3. Tort; 4. Causation; 5. Contract; 6 Criminal Law; 1. Elements; 2. Conduct; 3. Mens rea; 4. Justification.
5. Excuse6. Inchoate offenses; 7 Sentencing and Punishment; 1. Sentencing; 2. Defining punishment; 3. Types of sentence; 4. Reasons to sentence; 5. Hybrid theory; 6. Retribution; 7. Defensive theories; 8. Capital punishment; 8 Statutes; 1. Statutory interpretation; 2. Intent versus understanding; 3. Originalism; 4. Nonoriginalism; 5. Originalism and the evolution of meaning; 6. Legislative intent; 7. Obsolete statutes; 8. Textualism or purposivism?; 9. Illustration; 10. Canons of construction; 9 Constitutions; 1. Constitutions and judicial review.
2. The judicial review controversy3. Constitutional interpretation; 4. Case study: Religious liberty; 10 International Law; 1. Analytical issues; 2. Normative issues; 3. Human rights; 4. Relativism; 5. Group rights and individual rights; 6. Distributive justice; 7. Secession and self-determination; Notes; Glossary; Bibliography; Index.

Organized around specific questions, theses and arguments, Philosophy of Law: Introducing Jurisprudence helps students get to grips with the fascinating yet often complex realm of legal philosophy. This comprehensive introduction explores fundamental questions about legal systems, legal reasoning, and legal concepts, covering a wide range of topics in jurisprudence including: Liability Punishment Causation Discretion Precedent Constitutional disobedience The rule of law Packed with boxed case studies, chapter discussion questions, guides to further reading, a glossary of key term.