Philosophical Foundations of the Nature of Law

Hardcover | April 8, 2013

EditorWil Waluchow, Stefan Sciaraffa

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In recent years we have witnessed major developments in philosophical inquiry concerning the nature of law and, with the continuing development of international and transnational legal institutions, in the phenomenon of law itself. This volume gathers leading writers in the field to take stockof current debates on the nature of law and the aims and methods of legal philosophy.The volume covers four broad themes. The essays within the first theme address and develop the traditional debates between legal positivism, natural law theory, and Dworkinian interpretivism. Papers within the second theme focus on the power of coercion, often overlooked in contemporary legalphilosophy. The third set of papers addresses the aims and methods of legal theory, and the role of conceptual analysis. The final section explores new methods and issues in the subject, and offers fresh starting points for future work in the field. Gathering many leading and up-and-coming writers in the subject, the volume offers a snapshot of the best current work in general jurisprudence.

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In recent years we have witnessed major developments in philosophical inquiry concerning the nature of law and, with the continuing development of international and transnational legal institutions, in the phenomenon of law itself. This volume gathers leading writers in the field to take stockof current debates on the nature of law and...

Wil Waluchow is a Professor in McMaster's Department of Philosophy, the Senator William McMaster Chair in Constitutional Studies, and an Adjunct Member of the Graduate Faculty of Osgoode Hall Law School, Toronto. His BA and MA in philosophy are from the University of Western Ontario (Huron University College) and his DPhil in the phil...

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Format:HardcoverDimensions:384 pages, 9.21 × 6.14 × 0.01 inPublished:April 8, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199675511

ISBN - 13:9780199675517

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Table of Contents

Part I. Furthering Debate Between the Leading Theories of Law1. Mark C. Murphy: The Explanatory Indispensability of Weak Natural Law Theory2. Matthew Kramer: In Defense of Hart3. Kenneth Ehrenberg: Law's Authority Is Not a Claim to Preemption4. Arie Rosen: The Normative Fallacy Regarding Law's Authority and Its Significance to Legal Philosophy5. Imer Flores: The Nature of Law and Legal Rationality: Towards an Integrative JurisprudencePart II. The Power of Legal Systems6. Bruno Celano: Law as Power: Two Rules of Law Requirements7. Ken Himma: Hart and Austin Together Again for the First Time: Coercive Enforcement and the Theory of Legal Obligation8. Robert Hughes: Law and the Entitlement to CoercePart III. Conceptual Analysis9. Andrei Marmor: Farewell to Conceptual Analysis (in Jurisprudence)10. Natalie Stoljar: What Do We Want Law to Be? Philosophical Analysis and the Concept of LawPart IV. New Directions11. David Enoch and Kevin Toh: Legal as a Thick Concept12. Keith Culver and Michael Giudice: Making Old Questions New: Law, Legal System, and State13. Giovanni Battista Ratti and Andrea Dolcetti: Legal Disagreements and the Dual Nature of Law14. Dan Priel: One Right Answer? The Meta Edition