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Product details
File Size: 2328 KB
Print Length: 169 pages
Page Numbers Source ISBN: 0199687005
Publisher: OUP Oxford; 2 edition (February 27, 2014)
Publication Date: February 27, 2014
Sold by: Amazon Digital Services LLC
Language: English
ASIN: B00HSJ8KCQ
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I was surprised that the book was physically small. I know that it would be a short book but I assumed that the book size was that of the typical Oxford/Rutledge university publications. The print is a size or two smaller than usual (14 point) so it is somewhat physically difficult to read. The material is presented very well and covers a lot of areas of the philosophy of law. I would gladly pay $2-3 more if the book size were to be slightly larger so the font is a typical university printing.
The Very Short Introduction... series has several advantages over other series that serve the same function of providing an introduction to a subject matter. The main advantage is physical size. Mr. Clark refers to it as the perfect "plane" book. That's true. But even better, it is a true pocket book. They fit easily into the back of one's jeans waiting for the odd moment to be pulled out and used. They can usually be easily read in a couple of hours.But that format has limitations. I find that the VSI volumes that are devoted to a single thinker are much more useful than the ones that cover a broad subject matter. (It inspires me to a bad pun. "A very short intro to a very big subject" is almost Oxfordmoronic. O, never mind.)At best, when dealing with a subject matter as opposed to an individual thinker the VSIs are concise intros. But sometimes, as with the VSI to The Philosophy of Law the treatment seems shallow. Wacks is very good on some of his thinkers: Rawls, Dworkin, Hart, Weber, and Habermas are all fairly well done. Some of the others are not as well handled- I found his treatment of Locke, Marx, Foucault to be cursory at best. It felt like a survey of a survey.So take it for what it is. This volume is a very quick overview of a lot of thinkers (see Mr. Clark's review for a good listing). Some of these thinkers are important enough to deserve their own volume in the series (Locke, Marx, and Habermas). Others like Rawls and Dworkin deserve such treatment. Prof. Wacks has provided us with a quick and cheap way to orient ourselves to future reading in this field. I just cannot help but feel that he could have done better. That if he had taken the time to flesh out his presentation for another fifty or so pages that it would have been a much more useful member of the VSI family.
The philosophy of law is one of the few fields of philosophy that have remained legitimate in the sense that practical questions and contemplations are not eschewed. Too often philosophical debate wanders into conceptual hallways that could best be described as mazes, but one cannot get to their centers even with keeping one hand on the wall. One gets forever lost in the entanglement of concepts, with nothing ever settled, and if an idea is deemed to be practical it follows that it must be uninteresting or illegitimate.But legal reasoning is a requirement for human well being, and then the question arises as to what system of concepts best encapsulates it. Many questions arise when contemplating proper philosophical frameworks for legal contemplation, and many of these are answered in this book, written of course for those readers who need a quick introduction to the subject matter. No reader would expect an in-depth discussion of the philosophy of law from this book, but there is enough in it to enable readers to investigate specialized topics of interest.The author begins the book by stating that the philosophy of law is "rarely an abstract, impractical pursuit", and he explains the (weak) demarcation between "descriptive" and "normative" legal theory. Because of its place in history, the author discusses the doctrine of natural law first, and this discussion sheds considerable light on why many modern conservatives are committed to this philosophy of law: it seems to make legitimate the social hierarchies that these conservatives insist we respect.The doctrine of legal positivism is then discussed, and in this regard the most interesting (and disconcerting) discussion is the "pure theory of law" of Hans Kelsen. The Kelsen theory is interesting since legal norms in this conception are all relational: any one particular norm must be justified or authorized by another norm, giving in the end a large hierarchy of norms with a "basic norm" sitting on top of the hierarchy and representing a completely formal or hypothetical construct. One should not view it as arbitrary though, since its selection is based on whether or not the legal order is "effective". The author does not really elaborate on this notion, but the open-ended nature of his discussion motivates the reader to investigate this doctrine in more detail through outside reading.If read in the light of current controversies in the interpretation of legal statutes by the United States Supreme Court, probably the most interesting discussion in the book concerns the legal philosophy of Ronald Dworkin. Dworkin himself is very critical of recent decisions that have been made by the Supreme Court in the last two years, but his criticisms in this regard are not brought out in this book. What is discussed is a conception of the law that seems "extralegal" in that it views legal contexts as being intertwined with moral and political ones. This makes legal reasoning more than just an application of rules, and forces the judge to consider the consequences that his edicts will have on the community.Because it is still in its infancy as a legal philosophy, considerations of jurisprudence brought about by discoveries in neuroscience are not discussed in this book. Called by some the "neuroscience of law" this branch of jurisprudence will probably not be taken seriously by the majority of legal philosophers for some time to come. This reviewer recommends the book by Brent Garland for those who want to supplement the reading of this book by considering what is at the present time very exciting developments in both neuroscience and legal philosophy.
Met my expectations exactly. Easier read, you don't have to work hard to understand it. Wacks is a great writer, fun to read.
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