Philosophy Of Law: An Introduction To Jurisprudence

DIMENSIONS OF PHILOSOPHY Revised Edition The traditional problems of philosophy take on new meaning and different color in the light of each generation’s unique character. It is not only the history of philosophy that must be reexamined; the same is true for our understanding of any philosophical problem or topic. DIMENSIONS OF PHILOSOPHY is dedicated to the next generation of philosophers and their students. It will present some of our most distinguished philosophers interpreting the traditional issues of philosophy for the 1990s. PHILOSOPHY OF LAW In this revised edition, JEFFRIE G. MURPHY and JULES L. COLEMAN have extended and strengthened the most authoritative text available on the philosophy of law and jurisprudence. While retaining their comprehensive coverage of classical and modern theory, Murphy and Coleman have added new discussions of the Critical Legal Studies movement and feminist jurisprudence, and they have strengthened their treatment of natural law theory, criminalization, and the law of torts. The chapter on law and economics remains the best short introduction to that difficult, controversial, and influential topic. MURPHY COLEMAN “With its strong coverage of both criminal and civil law and a balanced examination of traditional and contemporary debates, this text is clearly the most comprehensive treatment of its subject available. It is also lucid, perceptive, and thoroughly reliable.” —Allen Buchanan University of Arizona JEFFRIE G. MURPHY AND JULES L. COLEMAN PHILOSOPHY OF LAW An Introduction to Jurisprudence Revised Edition WESTVIEW PRESS 5500 Central Avenue • Boulder, Colorado 80301-2877 12 Hid’s Copse Road • Cumnor Hill • Oxford OX2 9JJ www.westviewpress.com ISBN-13: 978-0-8133-0848-7 ISBN-10: 0-8133-0848-8 Dimensions of Philosophy Series Philosophy of Law Dimensions of Philosophy Series Norman Daniels and Keith Lehrer, Editors Philosophy of Law: An Introduction to Jurisprudence, revised edition, Jeffrie G. Murphy and Jules L. Coleman Philosophy of Social Science, Alexander Rosenberg Introduction to Marx and Engels: A Critical Reconstruction, Richard Schmitt fORTHCOMING Theory of Knowledge, Keith Lehrer Philosophy of Science, Clark Glymour Contemporary Continental Philosophy, Bernd Magnus Philosophy of Physics, Lawrence Sklar Philosophy of Religion, Thomas V. Morris Metaphysics, Peter van Inwagen Philosophy of Mind, Jaegwon Kim Philosophy of Biology, Elliott Sober Political Philosophy, Jean Hampton Normative Ethics, Shelly Kagan Also by Jeffrie G. Murphy Forgiveness and Mercy (coauthored with Jean Hampton) Retribution, Justice, and Therapy: Essays in the Philosophy of Law Also by Jules L. Coleman Markets, Morals, and the Law Philosophy and Law (coedited with Ellen Frankel Paul) REVISED EDITION Philosophy of Law An Introduction to Jurisprudence Jeffrie G. Murphy ARIZONA STATE UNIVERSITY Jules L. Coleman YALE LAW SCHOOL );sew ~ PRESS A Member of the Perseus Books Group FOR ELLEN AND MIMSIE Dimensions of Philosophy Series All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without permission in writing from the publisher. Copyright © 1990 by Westview Press, Inc. Published in 1990 in the United States of America by Westview Press, Inc. A Member of the Perseus Books Group. Library of Congress Cataloging-in-Publication Data Murphy, Jeffrie G. Philosophy of law : an introduction to jurisprudence / Jeffrie G. Murphy, Jules L. Coleman. - Rev. ed. p. cm. - (Dimensions of philosophy series) Inc