Topic
Philosophy of law
About: Philosophy of law is a research topic. Over the lifetime, 10636 publications have been published within this topic receiving 150877 citations. The topic is also known as: legal philosophy.
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Book•
01 Jan 1974
TL;DR: In Anarchy, State, and Utopia as discussed by the authors, Nozick argues that the state is justified only when it is severely limited to the narrow function of protection against force, theft and fraud and to the enforcement of contracts.
Abstract: Robert Nozicka s Anarchy, State, and Utopia is a powerful, philosophical challenge to the most widely held political and social positions of our age ---- liberal, socialist and conservative. "Individuals have rights," Nozick writes in his opening sentence, "and there are things no person or group may do to them without violating their rights." The work that follows is a sophisticated and passionate defence of the rights of the individual as opposed to the state. The author argues that the state is justified only when it is severely limited to the narrow function of protection against force, theft and fraud and to the enforcement of contracts. Any more extensive activities by the state, he demonstrates, will inevitably violate individual rights. Among the many achievements of the work are an important new theory of distributive justice, a model of utopia, and an integration of ethics, legal philosophy and economic theory into a profound position in political philosophy which will be discussed for years to come.
7,183 citations
Book•
01 Jan 1997
TL;DR: A Reconstructive Approach to Law I: The System of Rights as discussed by the authors The Indeterminacy of Law and the Rationality of Adjudication The Reconstruction of Law II: The Principles of the Constitutional State.
Abstract: Translatora s Introduction. Preface. 1. Law as a Category of Social Mediation between Facts and Norms. 2. The Sociology of Law versus the Philosophy of Justice. 3. A Reconstructive Approach to Law I: The System of Rights. 4. A Reconstructive Approach to Law II: The Principles of the Constitutional State. 5. The Indeterminacy of Law and the Rationality of Adjudication. 6. Judiciary and Legislature: On the Role and Legitimacy of Constitutional Adjudication. 7. Deliberative Politics: A Procedural Concept of Democracy. 8. Civil Society and the Political Public Sphere. 9. Paradigms of Law. Postscript (1994). Appendices. Notes. Bibliography. Index.
1,734 citations
Book•
01 Jan 1980
TL;DR: In this paper, the basic requirements of practical reasonableness of a law are described and evaluated, and a basic form of good: knowledge, community, communities, and common good.
Abstract: PART I 1. Evaluation and the Description of Law 2. Images and Objections PART II 3. A Basic Form of Good: Knowledge 4. The Other Basic Values 5. The Basic Requirements of Practical Reasonableness 6. Community, Communities, and Common Good 7. Justice 8. Rights 9. Authority 10. Law 11. Obligation 12. Unjust Laws PART III 13. Nature, Reason, God Postscript
1,654 citations
Book•
[...]
01 Jan 1976
TL;DR: The Behavior of Law as discussed by the authors is one of the most important works in the history of sociology, and a precursor to the revolutionary theoretical approach of pure sociology, this short and lucid book is as relevant today as when it was first published in 1976.
Abstract: Hailed as one of the most important works in the history of sociology, and a precursor to the revolutionary theoretical approach of pure sociology, this short and lucid book is as relevant today as when it was first published in 1976. To honour this seminal book, Emerald is pleased to announce that it will publish a special edition of "The Behavior of Law", including a number of additional features: a new foreword from Mark Cooney; an interview with the author, entitled "How Law Behaves"; reflections from a number of prominent sociologists on "The Behavior of Law"'s impact over the last thirty years. It features an author profile written by Randall Collins.
1,354 citations