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.)
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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