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Philosophical Foundations of the Nature of Law

Philosophical Foundations of the Nature of Law

Author: Wil Waluchow; Stefan Sciaraffa
Publisher: Oxford University Press
ISBN: 9780198812951

Published In: November 2017
Format: Paperback , 392 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780199675517

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Description
Contents
Author

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Provides an overview of important new developments in philosophical thinking about the nature and function of law
Examines how contemporary developments in transnational law impact traditional philosophical explanations of law's nature
Analyses the place of coercion in the theory of law, a neglected topic in contemporary legal philosophy
Challenges the traditional aims and methods of general jurisprudence, offering new avenues for future work

In recent years we have witnessed major developments in philosophical inquiry concerning the nature of law and, with the continuing development of international and transnational legal institutions, in the phenomenon of law itself. This volume gathers leading writers in the field to take stock of current debates on the nature of law and the aims and methods of legal philosophy.

The volume covers four broad themes. The essays within the first theme address and develop the traditional debates between legal positivism, natural law theory, and Dworkinian interpretivism. Papers within the second theme focus on the power of coercion, often overlooked in contemporary legal philosophy. The third set of papers addresses the aims and methods of legal theory, and the role of conceptual analysis. The final section explores new methods and issues in the subject, and offers fresh starting points for future work in the field.

Gathering many leading and up-and-coming writers in the subject, the volume offers a snapshot of the best current work in general jurisprudence.

Readership: Academics and advanced students in the philosophy of law.

Part I. Furthering Debate Between the Leading Theories of Law
1: Mark C. Murphy: The Explanatory Indispensability of Weak Natural Law Theory
2: Matthew Kramer: In Defense of Hart
3: Kenneth Ehrenberg: Law's Authority Is Not a Claim to Preemption
4: Arie Rosen: The Normative Fallacy Regarding Law's Authority and Its Significance to Legal Philosophy
5: Imer Flores: The Nature of Law and Legal Rationality: Towards an Integrative Jurisprudence
Part II. The Power of Legal Systems
6: Bruno Celano: Law as Power: Two Rules of Law Requirements
7: Ken Himma: Hart and Austin Together Again for the First Time: Coercive Enforcement and the Theory of Legal Obligation
8: Robert Hughes: Law and the Entitlement to Coerce
Part III. Conceptual Analysis
9: Andrei Marmor: Farewell to Conceptual Analysis (in Jurisprudence)
10: Natalie Stoljar: What Do We Want Law to Be? Philosophical Analysis and the Concept of Law
Part IV. New Directions
11: David Enoch and Kevin Toh: Legal as a Thick Concept
12: Keith Culver and Michael Giudice: Making Old Questions New: Law, Legal System, and State
13: Giovanni Battista Ratti and Andrea Dolcetti: Legal Disagreements and the Dual Nature of Law
14: Dan Priel: One Right Answer? The Meta Edition

Edited by Wil Waluchow, Senator William McMaster Chair in Constitutional Studies, McMaster University, Canada, and Stefan Sciaraffa, Professor, Department of Philosophy, McMaster University, Canada

Wil Waluchow is a Professor in McMaster's Department of Philosophy, the Senator William McMaster Chair in Constitutional Studies, and an Adjunct Member of the Graduate Faculty of Osgoode Hall Law School, Toronto. His BA and MA in philosophy are from the University of Western Ontario (Huron University College) and his DPhil in the philosophy of law is from Oxford University, where he studied under the supervision of H.L.A. Hart. His current research interests are in general jurisprudence and the philosophy of constitutional law. He is the author of numerous books, including Inclusive Legal Positivism (OUP, 1994) and A Common Law Theory of Judicial Review: The Living Tree (CUP, 2007).

Stefan Sciaraffa is Assistant Professor in McMaster's Department of Philosophy. He specializes in the philosophy of law and social, moral and political philosophy. He received a J.D. from the University of Texas and a Ph.D. in philosophy from the University of Arizona. He practiced law as an associate with the commercial litigation section of Akin, Gump, Strauss, Hauer & Feld, LLP.

Contributors:
Bruno Celano (Università di Palermo)
Keith Culver (York University)
Andrea Dolcetti (University of Oxford)
Kenneth Ehrenberg (State University of New York-Buffalo)
David Enoch (The Hebrew University of Jerusalem)
Imer Flores (Universidad Nacional Autónoma de México)
Michael Giudice (York University)
Ken Himma (Seattle Pacific University)
Robert Hughes (Department of Bioethics at the National Institute of Health)
Matthew Kramer (University of Cambridge)
Andrei Marmor (University of Southern California)
Mark C. Murphy (Georgetown University)
Dan Priel (Osgoode Hall Law School)
Giovanni Battista Ratti (University of Girona)
Arie Rosen (New York University)
Natalie Stoljar (McGill University)
Kevin Toh (San Francisco State University)