George, john kekes and michael moore are more plausible than lord devlins traditional account. Aug 17, 2014 philosophy of law is a branch of philosophy, and therefore deals primarily with philosophy. In philosophy of law, 4 edited by joel feinberg and hyman gross, 551. Positivism and fidelity to law a reply to professor hart 73 lon l. Philosophy of law edition 7 by joel feinberg, jules. The other presented what he called the expressive theory of punishment. Every textbook comes with a 21day any reason guarantee. Social philosophy, 1973, 126 pages, joel feinberg, 08172625.
With fresh contributions from new coauthor jules coleman, this le. Traditionally, philosophy of law proceeds by articulating and defending propositions about law that are general and abstracti. This leading anthology contains essays and cases written by some of the most influential figures in legal philosophy, representing the major. Isbn 97813942962 philosophy of law 9th edition direct. What gives legal philosophy a special place even a kind of preeminence within the general realm of. This paper is offered as a tribute to joel feinberg. The nature of law 1 the natural law tradition 8 brian bix, natural law theory 8 lon l. There is a difference, crucial for understanding of law, between the truth that if a statute is to be law, the courts must accept the rule that certain legislative operations make law, and the misleading theory.
John finnis, philosophy of law, chapter 5 a grand tour of legal theory. Moral and political aspects of rights in late medieval and early modern philosophy. We discussed the first on april 15 and the second on april 20. The paper ends with numerous quotations from feinbergs vast array of writings, words that express his ideas on a number of important.
Professor of philosophy and law, university of arizona. Philosophy of law by joel feinberg, 97813942962, available at book. Before joining the university of arizona faculty, he taught at brown. Consists of the edited proceedings of annual symposia on philosophical problems germane to. Nov 12, 2014 in this way feinberg undermines the entire concept that the harm principle is the only way to restrict liberty, by advocating the idea that if interference to ones liberty can be limited to an element of harm then surely it is possible for the interference to be extended to cases such as those of offence as well, thus it is unfair to only. I enjoyed reading the text in my undergraduate class this semester and recommend it to anyone that is taking a philosophy of law class at their undergrad university.
Sell philosophy of law, by feinberg, 9th edition isbn 97813942962 ship for free. Eight ways to fail to make law, from the morality of law 1964 88 joel feinberg. Tuesday,january21 overview aftergoingoverthecourseasawhole,iwillsayabitabout the. If youre interested in creating a costsaving package for your students, contact your pearson rep. Philosophy of law, by feinberg, 9th edition bookbyte. Hart, a more recent positivist conception of law 36 h. While they both deal with philosophy and law, their field of emphasis is different. The first section of the paper applies feinberg s analysis of freedom of expression to a contemporary case of academic freedom. Feinberg, coleman and kutzs leading anthology invigorates the field of legal philosophy by relating its traditional themes to a range of contemporary concerns, drawing on essays and cases from influential philosophers and legal scholars. This is a highlevel seminarstyle course on philosophy of law. Before joining the university of arizona faculty, he taught at brown, princeton, and rockefeller universities. It was published in 1796,2 as the first part of his metaphysic.
Philosophy joel feinberg the rockefeller university prenticehall, inc. Ethics and law for a collective age, cambridge university press, 2000, addressed the question of individual moral and legal responsibility for harms brought. He is known for his work in the fields of individual rights and the authority of the state, thereby helping to shape the american legal landscape. Hence, legal philosophical discourse must be close to and necessary to the practice of law. Its primary focus is to relate traditional themes of legal philosophy to the concerns of modern society in a way that invigorates one and illuminates the other. The second section engages feinberg s work on rights and. Rights lecture given at notre dame law school on december 2 and 3, 1982. Introduction 3 nature of legal philosophy methodological approaches descriptive legal philosophy if substantive detachment view, then a philosophical account of what law is can be detached from its normative content methodological detachment view normative legal philosophy if substantive nondetachment view. A companion to philosophy of mind edited by samuel guttenplan 7. The role of united states federal courts in interpreting the constitution and laws and comment pdf by antonin scalia and ronald dworkin. Thus it has been held that there is no nuisance arising from the mere unlightliness of the defendants premises.
Feinberg was awarded a fulbright scholarship in 1987. Legal philosophy is a discipline in law, and therefore deals primarily with law. Lecture 1philosophy of law introduction nomenclatural distinction at the outset, a cursory distinction must be made between philosophy of law and legal philosophy. Kutzs work focuses on moral, political, and legal philosophy, and he has particular interest in the foundations of criminal, international and constitutional law. Markku oksanen 2007 the proceedings of the twentyfirst world congress of philosophy 3. Philosophy of law by feinberg, joel, gross, hyman and a great selection of related books, art and collectibles available now at. Philosophy of law is a branch of philosophy, and therefore deals primarily with philosophy.
Feinberg has been in solo private practice for over 20 years, and before that was associated with law firms in morristown and sparta, nj, as well as legal services in new york city. But his point against legal moralists here does not depend on joining the issue with. Philosophy of law, also called jurisprudence, branch of philosophy that investigates the nature of law, especially in its relation to human values, attitudes, practices, and political communities. Feinberg was awarded a fulbright scholarship in 198788 to work in japan and served as chairman of the national board of officers in the american philosophical association in the mid1980s. Philosophy of law joel feinberg pdf by junkcars6648 issuu. Philosophy of law text only 8th eighth edition by j. Philosophy of law, 9th edition 97813942962 cengage. Law in philosophical perspective selected readings, joel feinberg, hyman gross, 1977, law, 194 pages. Philosophy of law joel feinberg, hyman gross snippet view 1995. Hart, positivism and the separation of law and morals 50. Shapiro, the oxford handbook of jurisprudence and philosophy of law.
Fuller, eight ways to fail to make law 20 positivism and its critics 24 john austin, a positivist conception of law 24 h. Law and ethics this leading anthology contains essays and cases written by some of the most influential figures in legal philosophy, representing the major theoretical positions in the field. The first section of the paper applies feinbergs analysis of freedom of expression to a contemporary case of academic freedom. Joel feinberg october 19, 1926 in detroit, michigan march 29, 2004 in tucson, arizona was an american political and legal philosopher.
The philosophy of joel feinberg received 14 march 2005. Its primary focus is to relate traditional themes of legal philosophy to the concerns of modern society in a way that invigorates the former and. The aim of this paper is to critically discuss the plausibility of legal moralism with an emphasis on some central and recent versions. This leading anthology contains legal cases and essays written by the finest scholars in legal philosophy, representing all major points of view on central topics in philosophy of law. The second section engages feinbergs work on rights and punishment. In lochner, the supreme court held that a new york statute.
Essays in social philosophy pdf download 242 pages 1972 michael pollock hamilton biology. The second section engages feinbergs work on rights and. However, many people i talk to seem to assume that these folks were the first to tell the kind of story theyre telling in a serious way the first to talk about rapidly accelerating technology leading to dramatic, amazing changes in the relatively near future. Jules coleman is a senor vice provost at new york university focusing on the global network university. Morals offenses immoral conduct is no trivial thing, and we should and legal hardly expect societies to tolerate it. In other chapters, feinberg is too analytical and often unclear. In june 2014, she qualified for certification as a matrimonial law attorney by the supreme court of new jersey. Find 97813942962 philosophy of law 9th edition by joel feinberg et al at over 30 bookstores. Kants science of riyht is a complete exposition of the yhilosophy of law, viewed as a rational investigation of the fundamental principles of jurisprudence. Feinberg and coleman include an exceptional selection of relevant topics, a balance of substantive. Dealing with a diverse set of problems in practical and theoretical ethics, these fourteen essays, three of them previously unpublished, reconfirm joel feinbergs leading position in the field of legal philosophy. Feinberg author see all 3 formats and editions hide other formats and editions. Product cover for philosophy of law 9th edition by joel feinbergjules.
Only the two chapters on criminal law theorypunishment are worth reading for feinberg provides a concise summary of his moral limit of criminal law project. Feinbergs overarching goal is to vindicate the liberal position, which he defines. Read philosophy of law pdf by joel feinberg wadsworth publishing this leading anthology contains essays and cases written by some of. The final volume of feinberg s fourvolume work, the moral limits of criminal law examines the philosophical basis for the criminalization of socalled victimless crimes such as ticket scalping, blackmail, consentedto exploitation of others, commercial fortune telling, and consensual sexual relations. In other words, their operational base is different philosophy of law is within philosophy, whereas legal philosophy is within the legal academy. Philosophy of law joel feinberg, hyman gross snippet view 1991. Pearson offers special pricing when you package your text with other student resources. Joel feinberg 1926 2004 was an american political and social philosopher. Joel feinbergs epic work, the moral limits of the criminal law, consists of four closely reasoned, marvelously inventive, and deeply humane volumes, in which the author sets out to describe the moral conditions necessary to justify coercive legislation in a liberal society. Criminal law, a fourvolume series in which feinberg skillfully addresses a complex question. I have great respect for the current crop of futurist pundits ray kurzweil, vernor vinge, max more and all the rest. Jan 01, 1975 a required book for any philosophy of law class in undergrad, the feinberg complication gives the reader a great introduction into the philosophic issues involved in legal theory.
We will focus on the role that the laws authority ought to play in our proper understanding of law. Some of the royalties from reason and responsibility have been used to establish the regents professor joel feinberg dissertation fellowship in philosophy at the university of arizona. Effectively invigorating traditional philosophy of law themes by relating them to the real concerns of modern society, this bestselling collection continues to grow in popularity. Supreme court upholds a new york state law that prohibits communists from teaching in public schools. Positivism and the separation of law and morals 56 lon l. A required book for any philosophy of law class in undergrad, the feinberg complication gives the reader a great introduction into the philosophic issues involved in legal theory. The first, longer part of the course is concerned with analytical jurisprudence. Feinberg was one of the most influential figures in american jurisprudence of the last. Hart, critique of legal realism in the concept of law 1961 1. Feinbergs offense principle and the harm principle. Be the first to ask a question about social philosophy.
With a clarity and humor that will be familiar to readers of his other works, feinberg writes on topics including wrongful life suits in the law of torts, or whether there is any. Readings philosophy of law linguistics and philosophy mit. A more recent positivist conception of law, from the concept of law 1961 42 h. He is known for his work in the fields of ethics, action theory, philosophy of law, and political philosophy as well as individual rights and the authority of the state. Harm principle vs offense principle philosophy essay. One gave an overview of the utilitarian and retributive justifications of punishment. Rent philosophy of law 9th edition 97813942962 today, or search our site for other textbooks by joel feinberg. A companion to metaysics, ph second edition edited by jaegwon kim, ernest sosa and gary s. Joel feinberg bibliography compiled by keith burgess. Joel feinberg, collective responsibility philpapers. Supreme court rules on communist teachers in a 63 decision, the u. Positivism and fidelity to lawa reply to professor hart 73 lon l.476 138 441 560 664 503 1055 694 396 928 887 1064 411 276 203 314 1406 431 1297 1149 1374 1089 1033 670 298 7 360 198 1528 881 973 311 600 510 1030 278 1343 1272 710 507 194 345 438 1237 655 311 38 5 585