Philosophy of Law: Classic and Contemporary Readings with Commentary

by Fredrick Schauer, Walter Sinnott-Armstrong

Ideal for undergraduate courses in philosophy of law, this comprehensive anthology examines such topics as the concept of law, the dispute between natural law theorists and legal positivists, the relations between law and morality, criminal responsibility and legal punishment, the rights of the individual against the state, justice and equality, and legal evidence as compared with scientific evidence. The readings have been selected from both philosophy and law journals and include classic texts, contemporary theoretical developments, and well-known recent court cases. The text features extensive introductions that make even the most profound writings accessible to undergraduates.

Genres: Philosophy, Law

900 pages, Hardcover

First published July 24, 1995

Reviews

[Amelia and John · Rating 4 out of 5]

You know what? This was a pretty darn good textbook.

As someone who has just started thinking about law philosophically, this textbook is such a good way to ground yourself. I am still so deeply interested in the debate between natural law theorists and legal positivists. I’m still so interested in what law is and why there is so much at stake with how we answer that question.

The readings were also very accessible. Usually when I read philosophy I do not click very well right away, but each paper is so good! Schauer does such a good job introducing each section. I’ll definitely be coming back to this text again.

[Garret Macko · Rating 3 out of 5]

This book was required reading for my Philosophy of Law class this semester, and so I naturally only read as much as the course itself required, which it seems, for once, was actual a good deal. At the beginning of each semester, I always set forth with the lofty goal of reading every word of every assigned reading and text, and I don’t think I’m alone in saying I usually fall at least somewhat short of that mark. Sometimes it’s because I’m busy, and sometimes it’s just because the material is boring/worthy of more of a light and brisk skim. This textbook, however, was quite good from what I can tell. That actually leads me to an important point: I’m a bit unqualified to speak on this matter. I’m currently pursuing my Bachelors of Science in Business Administration and, as of last week, my Bachelors of Science in Economics along with a minor in Philosophy. If that sounds like a lot to you…I agree, it does sound like a lot. But hey, focus up, the point I was trying to make is this: I’m only just a lowly Philosophy minor. I have some knowledge of the law, perhaps a basic or somewhat slightly above basic knowledge, but nothing substantial; I have a decent to fair knowledge of philosophy in general but cannot say the same for the philosophy of law; I like the study of law, I’m even considering potential career paths within the field—but knowledgeable and/or qualified enough to write a comprehensive (to be fair, none of my reviews are really all that comprehensive anyway) review of an entire textbook on the philosophy of law? Ehhhhh, no. I don’t think so. But I’ll say this: the selected readings were good and thought-provoking, my favorites were on Torts and the piece by MacKinnon on pornography. I also particularly enjoyed the Cases (and opinions therein) that accompanied each respective topic. Without getting too deep into things, I think often-cited criticism that Philosophy as a field of study is too abstract and disconnected from reality is legitimate in many ways, and I say that as someone who himself probably qualifies as ‘too abstract and disconnected from reality is legitimate in many ways’ in many peoples books. I found that the author did a great job of bridging the gap presented by some of the more ‘out there’ concepts and arguments through their insertion of these opinions and remarks. This feature also, I think, speaks to the idea that the philosophy of law—as well as philosophy as a whole—is a living and breathing thing, and the only way to truly study it is to roll your sleeves up and dive head first into the minutiae of its application and interpretation in everyday life. Definitely admirable on that front.



The class, in case you were wondering, was exquisite. It actually just ended, and that is why I am now writing this review. It was very engaging which is steep praise considering the state of education in the midst of COVID-19.

[Jon · Rating 4 out of 5]

A good collection of excerpts from essays and books pertaining to the philosophy of law. You won't get very many wild writings however, most featured writings confirm pretty mainstream positions.