Original essays by 38 leading legal theorists mark the 75th anniversary of Karl Llewellyn's essay 'On Philosophy in American Law.'

An account of successive legal theories in England and America against a background of the varieties of natural law in the ancient, medieval and modern worlds. The outcome in Legal Realism provides insight into contemporary issues in law and the judicial process and their relation to moral philosophy. As Levy shows, legal theory has always been inspired by forces outside the law in philosophy and politics. In England the philosophy of Utilitarianism as expounded by Bentham and Austin brought legal positivism into prominence as an alternative to natural law. In the United States the philosophy of pragmatism spearheaded by James and Dewey and shared by Justice Holmes gave the functional turn resulting in the movement of Legal Realism. After sketching the background of varieties of natural law in the ancient, medieval, and modern worlds, Levy presents leading figures and trends in England and the United States. The book is written so as to be intelligible to lawyers, philosophers, and students of cultural history and social science.

From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of:The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and to.

From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of: The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and tort law-including their historical origins and worldwide ramifications; Current legal cultures such as common law and civilian, European, and Aboriginal; Influential jurisprudents and their biographies; All influential schools and methods

Philosophy of Law provides a rich overview of the diverse theoretical justifications for our legal rules, systems, and practices. Utilizes the work of both classical and contemporary philosophers to illuminate the relationship between law and morality Introduces students to the philosophical underpinnings of International Law and its increasing importance as we face globalization Features concrete examples in the form of cases significant to the evolution of law Contrasts Anglo-American law with foreign institutions and practices such as those in China, Japan, India, Ireland and Canada Incorporates diverse perspectives on the philosophy of law ranging from canonical material to feminist theory, critical theory, postmodernism, and critical race theory

The Dictionary of Early American Philosophers, which contains over 400 entries by nearly 300 authors, provides an account of philosophical thought in the United States and Canada between 1600 and 1860. The label of "philosopher" has been broadly applied in this Dictionary to intellectuals who have made philosophical contributions regardless of academic career or professional title. Most figures were not academic philosophers, as few such positions existed then, but they did work on philosophical issues and explored philosophical questions involved in such fields as pedagogy, rhetoric, the arts, history, politics, economics, sociology, psychology, medicine, anthropology, religion, metaphysics, and the natural sciences. Each entry begins with biographical and career information, and continues with a discussion of the subject's writings, teaching, and thought. A cross-referencing system refers the reader to other entries. The concluding bibliography lists significant publications by the subject, posthumous editions and collected works, and further reading about the subject.

This textbook uses cases in family law to illustrate both traditional philosophical problems in the law as well as problems that are unique to family law. In the beginning chapters family law cases are employed to introduce the reader to philosophical debates about the relationship between law and morals, about how one ought to interpret the U.S. Constitution and its amendments, about the conditions under which individual liberty is justifiably limited by law, about the justification of punishment, and about the justification of remedies and standards of care in determining negligence in tort cases. Later chapters are devoted to contemporary issues unique to family law, including justifiable limits of access to marriage, alternatives to marriage, the rights of children, child custody disputes involving surrogate births, quasi-property disputes involving custody of frozen embryos, and the justifiable limits of the right not to procreate. The book reflects current movements, contemporary debates, and recent research on the philosophical problems in family law.

When Korea began as a newly independent state in 1948, its economy was very underdeveloped and the rule of law was just established. The journey of democratization in Korea was not without challenges. This book traces the history of the legal philosophy development in Korea and highlights Korea's unique experience. This book shows how Western legal philosophy has been accepted in Korea, a non-Western country that has newly introduced the Western legal system and what role the legal philosophy has played in social context. The book also examines academic scholars' intellectual activities in a historical context and how their intellectual products are yielded through their continuous response to the circumstances of the time. It specifically looks at the many challenging tasks legal philosophers had to overcome in a society when the rule of law and democracy had not yet settled. The book explores how Korean legal philosophers coped during such unique historical situations. It also illustrates how Korean scholars accepted German and Anglo-American legal philosophies and integrated them to change social realities of Korea. Through Korea’s experience, this book will provide insights into how modern legal philosophy develops in a new state and what legal philosophers' responses would be like during such a process. The developing process of legal philosophy in Korean society will interest not only readers in countries who have had similar experiences to Korea, but also readers in the West.

The Routledge Companion to the Philosophy of Law provides a comprehensive, non-technical philosophical treatment of the fundamental questions about the nature of law. Its coverage includes law’s relation to morality and the moral obligations to obey the law, the main philosophical debates about particular legal areas such as criminal responsibility, property, contracts, family law, law and justice in the international domain, legal paternalism and the rule of law. The entirely new content has been written specifically for newcomers to the field, making the volume particularly useful for undergraduate and graduate courses in philosophy of law and related areas. All 39 chapters, written by the world’s leading researchers and edited by an internationally distinguished scholar, bring a focused, philosophical perspective to their subjects. The Routledge Companion to the Philosophy of Law promises to be a valuable and much consulted student resource for many years.