Law and Morality: Readings in Legal...
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Since its first publication in 1996, Law and Morality has filled a long-standing need for a contemporary Canadian textbook in the philosophy of law. Now in its third edition, this…
Book Summary
Law and Morality: Readings in Legal Philosophy, edited by David Dyzenhaus, is a comprehensive Canadian anthology for law and philosophy students. This third edition includes new chapters on equality, judicial review, and terrorism and the rule of law, alongside classic and contemporary essays on legal positivism, adjudication, and feminist legal theory. It balances theoretical analysis with practical legal issues, making it an essential text for understanding law as a social institution.
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About Law and Morality: Readings in Legal...
Since its first publication in 1996, Law and Morality has been a leading Canadian textbook in the philosophy of law. This thoroughly revised third edition features new material on equality, judicial review, and terrorism and the rule of law, as well as the Chinese Canadian head tax case. The volume opens with foundational essays on legal positivism and the relationship between law and morality, exploring tensions between individual liberty and democratic self-rule. It then applies philosophical questions to contemporary issues through judicial decisions and practitioner essays. By treating philosophy of law as a branch of political philosophy, the book helps students understand law as a social institution. It remains essential reading in both philosophy departments and law faculties, bringing debates fully up to date.
Who should read Law and Morality: Readings in Legal...?
This book is ideal for undergraduate and graduate students in philosophy and law, particularly those enrolled in courses on jurisprudence, legal theory, or philosophy of law. It also suits practicing lawyers, judges, and policy analysts seeking a deeper theoretical grounding in legal debates. Anyone interested in Canadian legal issues, such as the head tax case or terrorism legislation, will find valuable insights. The blend of classic and contemporary readings makes it accessible to readers with some background in philosophy or legal studies.
Pros & Cons
Pros
- ✓ Comprehensive coverage of both traditional and contemporary debates in legal philosophy
- ✓ Includes new chapters on equality, judicial review, and terrorism and the rule of law
- ✓ Features excerpts from judicial decisions and essays by practicing lawyers for practical relevance
- ✓ Balances analytic philosophical approaches with applied legal issues
- ✓ Canadian focus with inclusion of significant cases like the Chinese Canadian head tax case
Cons
- ✗ Dense and challenging for readers without prior background in philosophy or law
- ✗ Primarily Canadian content may limit appeal for non-Canadian readers
- ✗ Anthology format means some topics are covered only through excerpts, lacking depth
- ✗ High price point typical of academic textbooks
- ✗ Some classic readings may feel dated despite updates
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Frequently asked questions
Is this book suitable for self-study?
Yes, but it is designed for classroom use. The readings are challenging, so self-learners should have some background in philosophy or law. The introductions and questions for discussion can guide independent study.
What is new in the third edition?
The third edition adds chapters on equality, judicial review, and terrorism and the rule of law, along with new material on the Chinese Canadian head tax case. It also updates existing chapters to reflect current debates.
Does the book cover Canadian law specifically?
Yes, it is a Canadian textbook and includes Canadian cases and perspectives, such as the head tax case. However, many theoretical debates are universal and apply to other jurisdictions.
Is this a textbook or a collection of essays?
It is an anthology of essays and excerpts from judicial decisions, edited by David Dyzenhaus. It is intended as a textbook for courses in philosophy of law.
Are there discussion questions or further reading suggestions?
The book primarily contains readings, but instructors may supplement with their own questions. Some chapters include introductory notes that frame the debates.
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