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Demystifying Legal Reasoning
Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses common law reasoning when prior judicial decisions determine the law, and interpretation of texts. In both areas, the popular view that legal decision makers practise special forms of reasoning is false.
Theoretical Foundations of Law and Economics
A book-length examination of the methodology and philosophy of law and economics.
Intellectual Property and the Common Law
Leading scholars of intellectual property and information policy examine what the common law can contribute to discussions about intellectual property's scope, structure and function.
Liberalism: The limits of liberalism
Encompassing the relationship between the state and the individual, society and the individual, the nature of freedom and the concept of the person, this four-volume set covers the main tenets of the liberal tradition. The collection includes material from the rich background and history of classical writings, and also emphasizes modern scholarship and contemporary issues.Fully indexed and including a new introduction by the editor, this is an invaluable reference tool for both researchers and students in the field.
Liberalism: Ideas of freedom
Encompassing the relationship between the state and the individual, society and the individual, the nature of freedom and the concept of the person, this four-volume set covers the main tenets of the liberal tradition. The collection includes material from the rich background and history of classical writings, and also emphasizes modern scholarship and contemporary issues.Fully indexed and including a new introduction by the editor, this is an invaluable reference tool for both researchers and students in the field.
Wesley Hohfeld A Century Later
Wesley Hohfeld is known the world over as the legal theorist who famously developed a taxonomy of legal concepts. His contributions to legal thinking have stood the test of time, remaining relevant nearly a century after they were first published. Yet, little systematic attention has been devoted to exploring the full significance of his work. Beginning with a lucid, annotated version of Hohfeld's most important article, this volume is the first to offer a comprehensive look at the scope, significance, reach, intricacies, and shortcomings of Hohfeld's work. Featuring insights from leading legal thinkers, the book also contains many of Hohfeld's previously unseen personal papers, shedding new light on the complex motivations behind Hohfeld's projects. Together, these selected papers and original essays reveal a portrait of a multifaceted and ambitious intellectual who did not live long enough to see the impact of his ideas on the study of law.
Private Law in Theory and Practice
Private Law in Theory and Practice explores important theoretical issues in tort law, the law of contract and the law of unjust enrichment and relates the theory to judicial decision-making in these areas of private law. Topics covered include the politics and philosophy of tort law reform, the role of good faith in contract law, comparative perspectives on setting aside contracts for mistake and the theory and practice of proprietary remedies in the law of unjust enrichment. Contributors to the book bring a variety of theoretical approaches to bear on the analysis of private law. They include: economic analysis, corrective justice theory, comparative analysis of law, socio-legal inquiry, so...
Crime and Culpability
This book presents a comprehensive theory of a culpability-based criminal law.
The End of Epistemology as We Know It
Epistemology is the philosophical study of how we should form our beliefs. It is one of the central areas of philosophical inquiry and has been so for as long as there have been philosophers. The End of Epistemology As We Know It challenges the views and methodology of almost every epistemologist, both historical and contemporary. In a call for radical reform of how epistemology is practiced and a rethinking of conventional wisdom in this area, Brian Talbot puts forward new epistemic norms that differ significantly from the norms of mainstream epistemic theories.
Limits of Legality
Judges sometimes hear cases in which the law, as they honestly understand it, requires results that they consider morally objectionable. Most people assume that, nevertheless, judges have an ethical obligation to apply the law correctly, at least in reasonably just legal systems. This is the view of most lawyers, legal scholars, and private citizens, but the arguments for it have received surprisingly little attention from philosophers. Combiming ethical theory with discussions of caselaw, Jeffrey Brand-Ballard challenges arguments for the traditional view, including arguments from the fact that judges swear oaths to uphold the law, and arguments from our duty to obey the law, among others. ...
