Positivism and fidelity to lawa reply to professor hart 73 lon l. Philosophy of law edition 7 by joel feinberg, jules. Feinbergs work, taken as a whole, is best characterized as social philosophy interpreted broadly to include moral, political, and legal. Find materials for this course in the pages linked along the left. Everyday low prices and free delivery on eligible orders. He is known for his work in the fields of ethics, action theory, philosophy of law, and political philosophy as well as individual rights and the authority of the state. Finnis 2011 natural law and natural rights are rules recognized by.
Law in philosophical perspective selected readings, joel feinberg, hyman gross, 1977, law, 194 pages. Eight ways to fail to make law, from the morality of law 1964 88 joel feinberg. Philosophy of law introduction nomenclatural distinction at the outset, a cursory distinction must be made between philosophy of law and legal philosophy. Philosophy of law joel feinberg, hyman gross snippet view 1995. The moral limits of the criminal law by joel feinberg. Readings philosophy of law linguistics and philosophy mit. Tdfellowship final performance report department of philosophy. Philosophy of law edition 7 by joel feinberg, jules coleman. A required book for any philosophy of law class in undergrad, the feinberg complication gives the reader a great introduction into the philosophic issues involved in legal theory. Harms, wrongs, and set backs in feinbergs moral limits of the criminal law hamish stewart. Rent philosophy of law 9th edition 97813942962 today, or search our site for other textbooks by joel feinberg. The first section of the paper applies feinbergs analysis of freedom of expression to a contemporary case of academic freedom. We have you covered with 247 instant online tutoring.
Every textbook comes with a 21day any reason guarantee. In particular, we will consider a variety of common doctrines within contract law, criminal law, tort law, and the law of evidence. Investigation of theories of natural law, legal positivism, and legal realism as they pertain to some of the central philosophical questions about law. We will focus on the role that the laws authority ought to play in our proper understanding of law. Critical legal studies, feminist legal theory, and critical race theory topic 4. Readings philosophy of law linguistics and philosophy. Joel feinberg s leading anthology now featuring new coauthor jules coelman presents legal cases and essays written by many of the best scholars in legal philosophy. Social philosophy, 1973, 126 pages, joel feinberg, 08172625. In the final 45 weeks, we survey critical approaches, e. We will cover a variety of issues in the philosophy of law including liberty, rights, privacy, equality, contracts, torts, property, responsibility, punishment and the nature of law. Yet these doctrines, methodologies, concepts, and policy objectives are not merely an unstructured menagerie of \things you learn in law. Grant lamond is university lecturer in legal philosophy and felix frankfurter fellow in law, balliol college, at oxford university.
A law is a command which obliges a person or persons, and. The paper ends with numerous quotations from feinbergs vast array of writings, words that express his ideas on a number of important. Joel feinberg october 19, 1926 in detroit, michigan march 29, 2004 in tucson, arizona was an american political and legal philosopher. Philosophy of law seventh edition edited by joel feinberg university of arizona jules coleman yale law school thomson wadsworth australia canada mexico singapore spain of the most influential figures in legal philosophy, representing the major theoretical positions in the field. Philosophy of law, 9th edition 97813942962 cengage. Of course, i expect most law students acquire a sense of what these terms mean after their rst year, and possess some notion of why the ideas are signi cant. Pearson offers special pricing when you package your text with other student resources. He now teaches philosophy at heythrop college, university of london. Joel feinberg was an american political and legal philosopher. Allan buchanan, the idea of a moral theory of international law read. Joel feinberg and jules coleman, philosophy of law, 8th edition wadsworth, 2008.
A companion to metaysics, ph second edition edited by jaegwon kim, ernest sosa and gary s. The command theory of law john austin, the province of jurisprudence determined 1832 1. Buy philosophy of law by joel feinberg online at alibris. In the moral limits of the criminal law, feinberg seeks to develop and defend a. It was published in 1796,2 as the first part of his metaphysic. A more recent positivist conception of law, from the concept of law 1961 42 h. Joel feinberg, the classic debate 2 theory of punishment consequentialist justifications for punishment. Readings in some basic problems of philosophy th edition wadsworth publishing. Philosophy of law is a branch of philosophy, and therefore deals primarily with philosophy. Feinberg was awarded a fulbright scholarship in 198788 to work in japan and served as chairman of the national board of officers in the american philosophical association in the mid1980s. Joel feinberg and jules coleman thomsonwadsworth, 2008.
A companion to philosophy of mind edited by samuel guttenplan 7. Publication date 1984 topics criminal law philosophy, criminal law moral and ethical aspects, crimes without victims publisher oxford university press. A companion to philosophy of law and legal theory, second edition edited by dennis patterson 9. In other chapters, feinberg is too analytical and often unclear. The sakai site has links to everything you see here but it also has announcements and pdf files of. I enjoyed reading the text in my undergraduate class this semester and recommend it to anyone that is taking a philosophy of law class at their undergrad university.
Kants science of riyht is a complete exposition of the yhilosophy of law, viewed as a rational investigation of the fundamental principles of jurisprudence. Philosophical ethnography is a philosophy of the everyday and eth. Books and teaching resources required textbook law and morality, edited by david dyzenhaus, sophia reibetanz. Its primary focus is to relate traditional themes of legal philosophy to the concerns of modern society in a way that. Huff on the history and meaning of the rule of law 2.
Basic problems of philosophy by landau feinberg mobipocket reason. Winchiat lee, terrorism and universal jurisdiction final exam week wednesday, december 12th final paper due by 5pm mst student conduct all students at uccs are responsible for knowing and adhering to the conduct policies of this institution. Attempts in philosophy of law, edited by joel feinberg, jules coleman and christopher kutz, thomsonwadsworth publishing, 2014. Hart, the authority of law by joseph raz, natural law and natural rights by john finnis. While they both deal with philosophy and law, their field of emphasis is different. Palmer court of appeals of new york, 1889 151 ronald m. Other leading theories of the nature of law 4 ronald m. Criminal law, a fourvolume series in which feinberg skillfully addresses a complex question. This course examines questions in the philosophy of law including discussions of the appropriate roles of liberty, justice, and responsibility in a society that.
Utilitarianism consequentialism excerpts from bedau, stanford encyclopedia of philosophyentry on punishment. This leading anthology contains essays and cases written by some of the most influential figures in legal philosophy, representing the major theoretical positions in the field. Some of the royalties from reason and responsibility have been used to establish the. This is an excellent anthology in philosophy of law, comprehensive and balanced. He has published a number of books including the philosophy files and the philosophy gym. In each case, we will consider whether these doctrines are philosophically and morally defensible. The inclusion of several foundational historical texts along with contemporary analyses is particularly useful in demonstrating the development and enduring significance of the central issues in jurisprudence. Philosophy of law joel feinberg, hyman gross snippet view 1986. Joel feinbergs leading anthology now featuring new coauthor jules coelman presents legal cases and essays written by. Jan 01, 1975 a required book for any philosophy of law class in undergrad, the feinberg complication gives the reader a great introduction into the philosophic issues involved in legal theory. The second volume in joel feinbergs series the moral limits of the criminal law, offense to others focuses on the offense principle, which maintains that preventing shock, disgust, or revulsion is always a morally relevant reason for legal prohibitions. Feinberg, coleman and kutzs leading anthology invigorates the field of legal philosophy by relating its traditional themes to a range of contemporary concerns, drawing on essays and cases from influential philosophers and legal scholars. Positivism and the separation of law and morals 56 lon l. Philosophy of law by joel feinberg, 97813942962, available at book.
Consists of the edited proceedings of annual symposia on philosophical problems germane to. Excusing mistakes of law in philosophers imprint, 2009. This paper is offered as a tribute to joel feinberg. Leo katz is the frank carano professor of law at the university of pennsylvania school of law, philadelphia. The philosophy of law is not separate from but dependent upon ethics and political philosophy, which it. Philosophy of law seventh edition edited by joel feinberg university of arizona jules coleman yale law school thomson wadsworth australia canada mexico singapore spain edition 9. Positivism and fidelity to law a reply to professor hart 73 lon l.
This is a highlevel seminarstyle course on philosophy of law. The first, longer part of the course is concerned with analytical jurisprudence. Angelo corlett the philosophy of feinberg has influenced philosophers of law, social, moral and political philosophers for some time, and will likely do so into the distant future. This leading anthology contains legal cases and essays written by the finest scholars in legal philosophy, representing all major points of view on central topics in philosophy of law. Philosophy of law joel feinberg, hyman gross snippet view 1991. The text covers reason and religious belief, human knowledge, mind and its place in nature, determinism, free will and responsibility, and morality and its critics in five parts with careful attention to opposing points of view. Description of the book philosophy of law edition 8.
Feinbergs most important contribution to legal philosophy is his fourvolume book, the. Law, edited by susan dimock, a special issue of the journal of value inquiry, v. The eleventh edition of this renowned, topically organized anthology provides a superb balance of historical selections and recent material. Lecture 1philosophy of law introduction nomenclatural distinction at the outset, a cursory distinction must be made between philosophy of law and legal philosophy. Children and the nature of criminal responsibility, oxford university press, forthcoming. Jeremy waldron, the rule of law and the importance of procedure 2011 15 3. Stephen law was a school dropout who became a postman in cambridge, then took a degree in philosophy at oxford, becoming a junior research fellow at the queens college. Part of the law and philosophy library book series laps, volume 44. Its primary focus is to relate traditional themes of legal philosophy to the concerns of modern society in a way that invigorates one and illuminates the other.
Joel feinberg, jules coleman philosophy of law joel feinberg, jules coleman with fresh contributions from new coauthor jules coleman, this leading anthology contains legal cases and essays written by the best scholars in legal philosophy, representing all major points of view on central topics in philosophy of law. Product cover for philosophy of law 9th edition by joel feinbergjules. What links here related changes upload file special pages permanent link page. The best way for registered students to access the site is through sakai. Ken kress is a former professor of law at university of iowa college of law. Gideon yaffe professor of law and professor of philosophy. Only the two chapters on criminal law theorypunishment are worth reading for feinberg provides a concise summary of his moral limit of criminal law project. The second section engages feinbergs work on rights and punishment.
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