The Routledge Companion to Philosophy of Law (Hardback) book cover

The Routledge Companion to Philosophy of Law

Edited by Andrei Marmor

© 2012 – Routledge

656 pages | 4 B/W Illus.

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About the Book

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.


"Written by a veritable Who's Who of internationally renowned scholars in the field, this volume is bound to be of tremendous use to anyone seeking expert guidance on the wide variety of topics covered within its pages. A truly excellent collection." –Russ Shafer-Landau, University of Wisconsin, Madison

"This is an exciting volume of new pieces in the philosophy of law. I teach in this area even though it is not a specialty of mine. For my purposes, Marmor has chosen an ideal set of important and active topics, along with top authors drawn from across legal and political philosophy. I'm thrilled to have these available both for my own studies and for use in my courses."David Estlund, Brown University

"This is a first-class collection: it offers original works from many of the best people now writing in philosophy of law; I am very impressed by the scope of topics covered and the quality of the contributions."-Brian H. Bix, University of Minnesota

"This volume contains a star-studded cast of contributors and provides a treasure trove for those who teach philosophy of law." James W. Nickel, University of Miami

"The aim of the book is to provide, in our opinion, thoughtful, scholarly, precisely analytical, yet clearly expressed examinations of an amazingly wide range of jurisprudential issues which lie within the purview of ‘philosophy of law’."Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers

Table of Contents

Part I: Theories About the Nature of Law 1.1 The Nature of Law: An Introduction Andrei Marmor 1.2 Natural Law Theory: Its Past and Its Present John Finnis 1.3 Legal Positivism: Early Foundations Gerald J. Postema 1.4 Legal Positivism: Contemporary Debates Julie Dickson 1.5 The Authority of Law Scott Hershovitz 1.6 Obligations, Interpretivism, and the Legal Point of View Nicos Stavropoulos Part II: Legal Reasoning 2.1 Vagueness and the Law Scott Soames 2.2 Legal Interpretation Timothy Endicott 2.3 Precedent Frederick Schauer Part III: Theories of Legal Areas 3.1 Criminal Law 3.1.1 The Justification of Punishment Mitchell N. Berman 3.1.2 The Voluntary Act Requirement Gideon Yaffe 3.1.3 Criminal Attempts R. A. Duff 3.1.4 Wrongness and Criminalization Victor Tadros 3.1.5 The Insanity Defense Gary Watson 3.1.6 Self-Defense Larry Alexander 3.2 Contract 3.2.1 Are Contracts Promises? Seana Valentine Shiffrin 3.3 Torts 3.3.1 Proximate Causation in the Law of Torts Benjamin C. Zipursky 3.3.2 Torts, Risks and Rights Stephen Perry 3.4 Property 3.4.1 Private Property Daniel Attas 3.4.2 Taxation, Redistribution and Property Rights Peter Vallentyne 3.5 Family 3.5.1 The Pursuit of Intimacy and Parental Rights Scott Altman 3.6 Evidence 3.6.1 Is It Finally Time to Put 'Proof Beyond a Reasonable Doubt' Out to Pasture? Larry Laudan 3.7 International Law 3.7.1 International Law and Global Justice Michael Blake 3.7.2 Human Rights John Tasioulas 3.7.3 The Morality and Law of War Seth Lazar 3.7.4 The Legitimacy of International Institutions Thomas Christiano 3.8 Environmental Law 3.8.1 Environmental Ethics, Future Generations and Environmental Law Clark Wolf 3.9 Constitutionalism 3.9.1 Judicial Review of Legislation Jeremy Waldron 3.9.2 Constitutional Interpretation Wilfrid J. Waluchow Part IV: Law as a Coercive Order 4.1 Coercion William A. Edmundson 4.2 Paternalism Douglas Husak 4.3 Enforcing Morality A. P. Simester 4.4 The Rule of Law Grant Lamond Part V: Moral Obligations to Law 5.1 The Moral Obligations to Obey the Law George Klosko 5.2 Conscientious Objection and Civil Disobediences Kimberley Brownlee 5.3 Law, Loyalty and Citizenship Meir Dan-Cohen Part VI: Rights and Equality 6.1 The Nature of Rights Christopher Morris 6.2 Discrimination and Equality Kasper Lippert-Rasmussen 6.3 Privacy Judith Wagner DeCew 6.4 Freedom of Speech Alon Harel

About the Editor

Andrei Marmor is Professor of Philosophy and Maurice Jones Jr. Professor of Law at the University of Southern California.

About the Series

Routledge Philosophy Companions

Routledge Philosophy Companions offer thorough, high quality surveys and assessments of the major topics and periods in philosophy. Covering key problems, themes and thinkers, all entries are specially commissioned for each volume and written by leading scholars in the field. Clear, accessible and carefully edited and organised, Routledge Philosophy Companions are indispensable for anyone coming to a major topic or period in philosophy, as well as for the more advanced reader.

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Subject Categories

BISAC Subject Codes/Headings:
LAW / Jurisprudence
PHILOSOPHY / Ethics & Moral Philosophy
PHILOSOPHY / Political