1st Edition

The Routledge Companion to Philosophy of Law

Edited By Andrei Marmor Copyright 2012
    656 Pages
    by Routledge

    656 Pages 4 B/W Illustrations
    by Routledge

    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.

    Table of Contents


    1. 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

    2. Legal Reasoning

    2.1. Vagueness and the Law Scott Soames

    2.2 Legal Interpretation Timothy Endicott

    2.3 Precedent Frederick Schauer

    3. Theories of Legal Areas

    3.1. Criminal Law

    3.1.1. The Justification of Punishment Mitchell N. Berman

    3.1.2 Wrongness and Criminalization Victor Tadros

    3.1.3 The Voluntary Act Requirement Gideon Yaffe

    3.1.4 Criminal Attempts R. A. Duff

    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

    3.4 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 Constitutional Interpretation Wilfrid J. Waluchow

    3.9.2 Judicial Review of Legislation Jeremy Waldron

    4. 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

    5. Moral Obligations to Law

    51. The Moral Obligation to Obey the Law George Klosko

    5.2. Conscientious Objection and Civil Disobedience Kimberley Brownlee

    5.3 Law, Loyalty and Citizenship Meir Dan-Cohen

    6. Rights and Equality

    6.1 Some Questions About Rights Christopher Morris

    6.2 Discrimination and Equality Kasper Lippert-Rasmussen

    6.3 Privacy Judith Wagner DeCew

    6.4 Freedom of Speech Alon Harel


    Andrei Marmor