Analyzing Law: New Essays in Legal Theory

Hardcover | September 1, 1998

EditorBrian Bix

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The articles in this collection cover a wide range of approaches to law and legal theory, including Analytical Jurisprudence, Legal Realism, Law and Economics, Critical Legal Studies, Feminism, and Critical Race Theory. The essays consider foundational questions regarding the objectivity oflaw, the nature of rules, the relationship of law and morality and the philosophical foundations of the common law, and offer critical inquiries into whether law systematically fails women and racial minorities. The contributors, who include some of the best-known names in legal theory from the United States, Britain, Canada, and Israel, are responsible for some of the most important and challenging work in legal theory today. A central focus of the essays in this work is the contribution of the well-knownphilosopher Jules Coleman to the various topics which are covered by the contributors.

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The articles in this collection cover a wide range of approaches to law and legal theory, including Analytical Jurisprudence, Legal Realism, Law and Economics, Critical Legal Studies, Feminism, and Critical Race Theory. The essays consider foundational questions regarding the objectivity oflaw, the nature of rules, the relationship of ...

Brian Bix is Frederick W. Thomas Associate Professor of Law and Philosophy, University of Minnesota Law School

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Format:HardcoverPublished:September 1, 1998Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198265832

ISBN - 13:9780198265832

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Table of Contents

IntroductionI. Theory and Methodology1. Brian Bix: An Essay on The Objectivity of Law2. Scott J. Shapiro: The Difference That Rules MakeII. Schools of Thought3. Frederick Schauer: Positivism Through Thick and Thin4. Brian Leiter: Naturalism and Naturalized JurisprudenceIII. Philosophical Foundations of the Common Law5. Guido Calabresi: Supereditor or Translator: Comments on Coleman6. Jeremy Waldron: Is Coleman Hobbes or Hume (or perhaps Locke)?7. Stephen R. Perry: The Distributive Turn: Mischief, Misfortune and Tort Law8. Matthew H. Kramer: Of Aristotle and Ice Cream Cones: Reflections on Jules Coleman's Theory of Corrective JusticeIV. Critical Perspectives9. Martha A. Fineman: Contract, Marriage and Background Rules10. Robin West: The Other Utilitarians11. Mark V. Tushnet: Defending the Interdeterminacy Thesis12. Jerome McCristal Culp, Jr.: Choice, White Supremacy, Coleman: Philosophy of Economics, Race, and the LawV. Response13. Jules L. Coleman: Second Thoughts and Other First Impressions

Editorial Reviews

One of the highlights of the book is a long essay in which Coleman articulates his current thinking on many of the issues raised in the articles. For those with broad interests in legal theory, there is much here to provoke reflection. For those with more specialized interests, the bookprovides a lively introduction to the issues that have engaged Jules Coleman for the last couple of decades. / Kenneth Einar Himma, Dept. of Philosophy, University of Washington / The Law and Politics Book Review, Vol. 9 , No. 2, Feb 1999.