Enforcing Morality

What parts of morality ought the law to enforce? What considerations justify its enforcement? What is the relationship between the legal and social enforcement of morality? Are there principled moral limits that constrain the enforcement of morality? How should we think about the pragmatic limits ...

The legal relation

legal theory after legal positivism

What is law? The usual answer is that the law is a system of norms. But this answer gives us at best half of the story. The law is a way of relating to one another. We do not do this as lovers or friends ...

Deontic logic and legal systems

A considerable number of books and papers have analyzed normative concepts using new techniques developed by logicians; however, few have bridged the gap between the Continental (namely European) and Latin American traditions in legal philosophy. This book addresses this issue by offering an introductory study ...

What makes Law

an introduction to the Philosophy of Law

This book offers an advanced introduction to central questions in legal philosophy. What factors determine the content of the law in force? What makes a normative system a legal system? How does law beyond the state differ from domestic law? What kind of moral force ...

Contract Law

rules, theory, and context

To gain a deep understanding of contract law, one needs to master not only the rules and principles of the field, but also its underlying theory and justification, and its long and intricate history. This book offers an accessible introduction to all aspects of American ...

An introduction to property theory

This book surveys the leading modern theories of property - Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing - and then applies those theories to concrete contexts in which property issues have been especially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain ...

Objectivity and the Rule of Law

What is objectivity? What is the rule of law? Are the operations of legal systems objective? If so, in what ways and to what degrees are they objective? Does anything of importance depend on the objectivity of law? These are some of the principal questions ...