Jules Coleman, one of the world's leading philosophers of law, here presents his most mature work so far on substantive issues in legal theory and the appropriate methodology for legal theorizing. In doing so, he takes on the views of highly respected contemporaries such as Brian Leiter, Stephen Perry, and Ronald Dworkin.

This collection of essays by one of America's leading legal theorists is unique in its scope: it shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics, and political science.

Do citizens have an obligation to obey the law? This book differs from standard approaches by shifting from the language of obedience (orders) to that of deference (normative judgments). Though the focus is on political obligation, Philip Soper approaches that issue indirectly by developing a more general account of when deference is due to the views of others. The book defends a more general theory of ethics; one whose scope extends beyond the question of political obligation to questions of duty in the case of law, promises, fair play and friendship.

For several decades the work of Joel Feinberg has been the most influential in legal, political, and social philosophy in the English-speaking world. This volume honors that body of work by presenting fifteen original essays, many of them by leading legal and political philosophers, that explore the problems that have engaged Feinberg over the years. Among the topics covered are issues of autonomy, responsibility, and liability. It will be a collection of interest to anyone working in moral, legal, or political philosophy.

Gregory Kavka (1947-1994) was a prominent and influential figure in contemporary moral and political philosophy. The new essays in this volume are concerned with fundamental issues of rational commitment and social justice to which Kavka devoted his work as a philosopher. The topics include the relationship between intention and moral action as part of which Kavka's famous "toxin puzzle" is a focus of discussion, the nature of deterrence, the rationality of morals, contractarian ethics, and the contemporary relevance of Hobbes' political thought. This volume will interest not only...

This is a book about the role that psychological impairment should play in a theory of criminal liability. Criminal guilt in the Anglo-American legal tradition requires both that the defendant committed some proscribed act and did so with intent, knowledge, or recklessness. The second requirement corresponds to the intuitive idea that people should not be punished for something they did not do "on purpose" or if they "did not realize what they were doing." Although intuitive, this underlying idea can be highly controversial in practice, especially in cases involving the insanity defense. This...

This book offers an original theory of adjudication focused on the ethics of judging in courts of law. It offers two main theses. The good faith thesis defends the possibility of lawful judicial decisions even when judges have discretion. The permissible discretion thesis defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy of adjudication in a constitutional democracy. Together, these two theses oppose both conservative theories that would restrict the scope of adjudication unduly and leftist critical theories that would liberate judges from the rule...

This book is the first interdisciplinary study of the fundamental normative issues underpinning immigration policy. A distinguished group of economists, political scientists, and philosophers offer a stimulating and provocative discussion of this complex topic. Among the issues addressed are the proper role of the state in supporting a particular culture, the possible destabilization of the political and social life of a country through immigration and the size and distribution of economic losses and gains.

Do individuals have a positive right of self-defense? And if so, what are the limits of this right? Under what conditions, if any, does this use of force extend to the defense of others? These are some of the issues explored by Dr. Uniacke in this comprehensive philosophical discussion of the principles relevant to self-defense as a moral and legal justification for homicide. This is a lucid and sophisticated account of the complex notion of justification, revolving around a critical discussion of recent trends in the law of self-defense.

Steven Hetcher argues that the traditional conception of norms as rule-like linguistic entities is erroneous. Instead, norms must be understood as patterns of rationally governed behavior maintained in groups by acts of conformity. Using informal game theory in the analysis of norms and customs, Hetcher applies his theory of norms to tort law and Internet privacy laws. This book will appeal to students and professionals in law, philosophy, and political and social theory.