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Philosophy of Law - An Introduction (Hardcover, 3rd edition)
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Philosophy of Law - An Introduction (Hardcover, 3rd edition)
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Philosophy of Law: An Introduction provides an ideal starting point
for students of philosophy and law. Setting it clearly against the
historical background, Mark Tebbit quickly leads readers into the
heart of the philosophical questions that dominate philosophy of
law today. He provides an exceptionally wide-ranging overview of
the contending theories that have sought to resolve these problems.
He does so without assuming prior knowledge either of philosophy or
law on the part of the reader. The book is structured in three
parts around the key issues and themes in philosophy of law: What
is the law? - the major legal theories addressing the question of
what we mean by law, including natural law, legal positivism and
legal realism. The reach of the law - the various legal theories on
the nature and extent of the law's authority, with regard to
obligation and civil disobedience, rights, liberty and privacy.
Criminal law - responsibility and mens rea, intention, recklessness
and murder, legal defences, insanity and philosophies of
punishment. This new third edition has been thoroughly updated to
include assessments of important developments in philosophy and law
in the early years of the twenty-first century. Revisions include a
more detailed analysis of natural law, new chapters on common law
and the development of positivism, a reassessment of the
Austin-Hart dispute in the light of recent criticism of Hart, a new
chapter on the natural law-positivist controversy over Nazi law and
legality, and new chapters on criminal law, extending the analysis
of the dispute over the viability of the defences of necessity and
duress.
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