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Oxford Studies in the Philosophy of Law is an annual forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world. The essays range widely over issues in general jurisprudence (the nature of law, adjudication, and legal reasoning), the philosophical foundations of specific areas of law (from criminal law to evidence to international law), the history of legal philosophy, and related philosophical topics that illuminate the problems of legal theory. OSPL will be essential reading for philosophers, academic lawyers, political scientists, and historians of law who wish to keep up with the latest developments in this flourishing field.
Leslie Green has visited and taught at Osgoode Hall Law School in Toronto, Berkeley, Columbia, NYU, Chicago and the University of Texas at Austin. He is now Professor of the Philosophy of Law and Pauline and Max Gordon Fellow at Balliol College, Oxford. His research interests include jurisprudence, moral and political philosophy and constitutional theory.
Brian Leiter is John P. Wilson Professor of Law and Director of the Center for Law, Philosophy & Human Values at the University of Chicago. He is the author of Naturalizing Jurisprudence: Essays on American Legal Realism and Naturalism in Legal Philosophy (Oxford, 2007) and was for nearly eight years an editor of the journal Legal Theory.
Table of Contents
1. Political Authority and Political Obligation, Stephen Perry
2. How to Hold the Social Fact Thesis: A Reply to Greenberg and Toh, Barbara Levenbook
3. John Austin on Punishment, Matthew Kramer
4. Publicity and the Rule of Law, Bruno Celano
5. Hart and Kelsen on International Law, Michael Giudice
6. Relational Reasons and the Criminal Law, R. A. Duff
7. Fairness and the Justifying Aim of Punishment, C. L. Ten
8. The Embedding Social Context of Promises and Contracts, Hanoch Sheinman
9. Legal Sex, Luis Duarte d'Almeida