Philosophy of Law : An Introduction

An ideal starting point for students of philosophy and law, this new 4th edition has been thoroughly updated and extended again to include assessments of important developments in philosophy, law and recent legislation and case law in the first quarter of the 21st century.

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 addressed these problems. No prior knowledge on the part of the reader is assumed. The book is structured in three clear parts:what is law? – the major theories addressing the question of what we mean by law, especially common law, natural law and legal positivism. the reach of the law – the limits of authorised law are explored and discussed, in relation to the duty to obey and the right to disobey; the fight for liberty and the right to be tried by one’s peers. criminal law – responsibility and mens rea, intention, recklessness, manslaughter and murder, legal defences of necessity, duress and insanity, and philosophies of punishment. This fourth edition updates important developments, in particular recent legislation and case law in the first quarter of the twenty-first century. There is extended analysis of natural law, a new chapter on common law, a revised chapter on the controversy over Nazi law, new chapters on slavery, liberties and the role of the jury, further examples of civil disobedience and extensively revised chapters on gross negligence manslaughter and punishment.