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Law, philosophy of

DOI
10.4324/9780415249126-T001-1
DOI: 10.4324/9780415249126-T001-1
Version: v1,  Published online: 1998
Retrieved May 31, 2020, from https://www.rep.routledge.com/articles/overview/law-philosophy-of/v-1

References and further reading

  • Harris, J.W. (1980) Legal Philosophies, London: Butterworth.

    (Straightforward and well-written introduction to issues and schools of thought in philosophy of law.)

  • Hayek, F.A. (1973, 1976, 1979) Law, Legislation and Liberty, London: Routledge & Kegan Paul.

    (Three-volume critique of the pretensions of constructivist rationalism, whether of utilitarian positivists or of rationalistic naturalists, in favour of a ‘critical rationalism’ reflecting on the accumulated societal wisdom implicit in an evolved and essentially customary law, and developing an account of the rule of law on this basis.)

  • Kelman, M. (1987) A Guide to Critical Legal Studies, Cambridge, MA: Harvard University Press.

    (Readable and sympathetic account of, and contribution to, the ‘critical’ approach that regards all legal activity as intrinsically political – and ideological.)

  • Kingdom, E. (1991) What’s Wrong with Rights?, Edinburgh: Edinburgh University Press.

    (An interesting collection of essays putting a moderate feminist case against the biases inherent in received legal categories.)

  • Lloyd of Hampstead and Freeman, M. (1985) Lloyd’s Introduction to Jurisprudence, London: Stevens, 5th edn.

    (Another useful introduction, supported by many selected texts for reading.)

  • Rommen, H. (1947) The Natural Law: a Study in Legal and Social History and Philosophy, St Louis, MO and London: Herder Book Company.

    (Full and careful statement of implications and applications of natural law theory from a Catholic point of view.)

  • Shiner, R. (1992) Norm and Nature: the Movements of Legal Thought, Oxford: Clarendon Press.

    (A more challenging text that deals with the tensions in legal thought between positivist – or voluntarist – and anti-positivist approaches, concluding that the dialectic between them contains a truth available from neither on its own; advanced reading.)

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Citing this article:
Brown, Beverley and Neil MacCormick. Bibliography. Law, philosophy of, 1998, doi:10.4324/9780415249126-T001-1. Routledge Encyclopedia of Philosophy, Taylor and Francis, https://www.rep.routledge.com/articles/overview/law-philosophy-of/v-1/bibliography/law-philosophy-of-bib.
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