FINDING RESOURCES IN PHILOSOPHY
Dr. Bryan M. Carson, J.D., M.I.L.S.
Philosophy and Religion Librarian / Coordinator of Reference and Library
Western Kentucky University Libraries
Bowling Green, Kentucky 42101
Copyright 1993, 1995, 1997-2001. All rights reserved
JURISPRUDENCE AND THE PHILOSOPHY OF LAW
This Webpage contains works related to jurisprudence, legal philosophy,
natural law, and political philosophy. Topics include justice, freedom,
property, and rights. I have included several sites on the World Wide
Basileus the digital edition
: an International and Interdisciplinary Journal for the Philosophy of
Basileus is a scholarly peer-reviewed journal carrying original articles
on the Philosophy of Law. As an E-journal, this journal is mounted on
the World Wide Web. Although the preferred language is English, Basileus
will also publish articles in German or French. Most articles published
in another language are also available in English.
indexed by subject : Jurisprudence http://www.law.cam.ac.uk/ESSAYS/jurisp.htm.
An annotated listing of scholarly essays in the field of Jurisprudence.
This comprehensive listing contains links to Internet essays. The essays
are both primary and secondary. The summaries of the essays are useful,
and contain the substance of the articles.
and law-related disciplines http://www.ll.georgetown.edu/lr/rs/juris.html.
This site contains links to Internet resources in the field of Jurisprudence
and related disciplines. The fields represented are Ancient Law, Bioethics,
Cyberspace Law, Law & Economics, Law & Literature, Law & Medicine,
Legal Ethics, Legal History, and Religious Law. The sites that are linked
to will contain both primary materials and secondary materials.
Theory and Feminist Jurisprudence on the WWW http://lark.cc.ukans.edu/~akdclass/femlit/femjur.html
This site has links to feminist theory and jurisprudence materials on
the World Wide Web. It includes mostly secondary works.
The Dialogues of Plato / Translated by B. Jowett. 2 volumes. New
York : Random House, 1892, 1937.
No study of jurisprudence or the philosophy of law would be complete without
reference to the work of Plato. Although there have been many translations,
Jowett's is considered to be authoritative. Ideas on justice are found
throughout the Dialogues, especially in The Republic and in Laws.
However, other Dialogues contain concepts that are related. The Dialogues
include: Apology, Charmides, Cratylus, Critias,
Crito, Euthydemus, Euthyphro, Gorgias, Ion,
Laches, Laws, Lysis, Meno, Parmenides,
Phaedo, Phaedrus, Philebus, Protagoras, Sophist,
Statesman, Symposium, The Republic, Theaetetus,
and Timaeus. This edition also includes Lesser Hippias,
Alcibiades I and II, Memexemis, and Eryxias. There
is an extremely detailed index at the end of volume 2.
Equality in Liberty and Justice / Anthony Flew. London, New York
: Routledge, 1989.
A well-respected scholar in the field of philosophy, Flew examines the
concepts from a philosophical perspective. The bibliography and index
are at the back of the book.
Equality : Selected Readings / Edited by Louis P. Pojman and Robert
Westmoreland. New York : Oxford University Press, 1997.
This work is a comprehensive anthology of readings on the concept of equality.
It contains both classic and contemporary primary work on the topic. Notes
are at the end of the articles. There is also a bibliography and an index
at the end of the book.
The Framers and Fundamental Rights / Edited by Robert a. Licht.
The Rights Explosion. Washington : AEI Press, 1991.
A series of essays on fundamental and constitutional rights. These secondary
essays discuss the formulation of the constitution in terms of philosophic
ideas, as well as putting things in historic perspective. Notes and index
are at the back of the book.
Freedom through Law : Public control of Private Governing Power
/ Robert L. Hale. New York : Columbia University Press, 1952.
A discussion of the theories of liberty and government and their interaction.
This work discusses both philosophic theory and court cases. Footnotes
are at the bottom of each page. There is a table of cases and a very comprehensive
index at the end of the book.
The Great Rights of Mankind : A History of the American Bill of Rights
/ Bernard Schwartz. New York : Oxford University Press, 1977.
James Madison's "Great rights of mankind" have become known as the Bill
of Rights. Schwartz discusses the concepts of freedom and liberty presented
in the Bill of Rights in their historic context. Appendixes contain the
amendments approved by the House and by the Senate. Notes are at the end
of the book, as is the index.
The Inner Experience of Law : a Jurisprudence of Subjectivity
/ David Granfield. Washington : Catholic University of America Press,
This work examines law from the viewpoint of participation and experience.
It looks at law from the "mental" perspective, with some discussion of
context. The book contains footnotes at the bottom of each page, as well
as a select bibliography and an index at the end.
John Rawls' Theory of Social Justice : An Introduction / Edited
by H. Gene Blocker and Elizabeth H. Smith. Athens, O.H. : Ohio University
This work is an introductory rendering of the fundamentals of Rawls' theory,
along with a discussion of the secondary works that interpret and critique
him. This book also discusses the practical applications of Rawls' work.
Although the index is somewhat sparse, the bibliography at the end of
the book is quite rich.
Justice and Social interaction : Experimental and theoretical contributions
from psychological research / Edited by Gerald Mikula. New York, Bern
: Springer-Verlag New York, Hans Huber, 1980.
A collection of papers looking at the concept of justice from the perspective
of psychology. Contains an introductory chapter which summarizes the theoretical
viewpoints and gives a general overview of the psychological approach
to the question of justice. Contains references after each essay, as well
as author and subject indexes at the end of the book.
Justice in Social Relations / Edited by Hans Werner Bierhoff,
Ronald J. Cohen, and Jerald Greenburg. Critical Issues in Social Justice
series. New York : Plenum Press, 1986.
A series of primary essays discussing the interaction of social relations
with the philosophic concept of justice. Contains references after each
essay, as well as author and subject indexes at the end of the book.
Justice and Care : Essential Readings in Feminist Ethics / Edited
by Virginia Held. Bolder, CO. : Westview Press, 1995.
A series of essays discussing Feminist philosophy on the topics of justice
and care. Notes are at the end of each chapter. There is an index at the
end of the book.
Justice as Impartiality / Brian Barry. A Treatise on Social Justice,
volume 2. Oxford Political Theory. Oxford, New York : Clarendon Press,
Oxford University Press, 1995.
Like volume on of Barry's Treatise on Social Justice, this work is both
primary and secondary. A scholarly work, it is written at a level undergraduates
can understand. The end notes and comprehensive index are at the end of
The Justice Motive in Social Behavior : Adapting to Times of Scarcity
and Change / Edited by Melvin J. Lerner and Sally C. Lerner. Critical
Issues in Social Justice series. New York : Plenum Press, 1981.
This collection of primary essays looks at the philosophical idea and
the ideal of justice though the context of social psychology, sociology,
and anthropology. References are found at the end of each chapter. There
is an author index and a subject index at the end of the book.
Kant's Theory of Justice / Allan D. Rosen. Ithica, N.Y. : Cornell
University Press, 1993.
This work discusses Kant's theory in enough detail to be valuable for
graduate level students while also being accessible to undergraduates.
The bibliography is located at the end of the book. Contains a fairly
Moral Consciousness and Communicative Action / Jurgen Habermas.
Translated by Christian Lenhardt and Sherry Weber Nicholsen. Cambridge,
M.A. : The MIT Press, 1990.
Habermas examines research in social psychology, and applies these principles
to basic moral institutions. His theory of justice is based on "Discourse
ethics," which "attempts to reconstruct a moral point of view from which
normative claims can be impartially judged." Habermas' work is an important
alternative to Kant's categorical imperative.
Natural Rights and Natural Law : The Legacy of George Mason /
Edited by Robert P. Davidow. Fairfax, V.A. : George Mason University Press,
A series of essays discussing the philosophic background of the constitutional
framers, and particularly George Mason, the principal author of the Virginia
Declaration of Rights. The essays also apply this philosophic framework
to modern issues. The Virginia Declaration of Rights is included
as an appendix. Notes are at the end of each essay, and there is an index
at the end of the book.
On the Social Contract : Discourse on the Origin of Inequality, Discourse
on Political Economy / Jean Jacques Rousseau. Translated and edited
by Donald A. Cress. Indianapolis : Hackett Publishing Company, 1983.
An essential book in the field of legal philosophy. Rousseau's writings
are among the most studied works in the field. Any scholar doing
research into justice, equality, or political philosophy should read this
Ordered Liberty and the Constitutional Framework : The Political Thought
of Friedrich A. Hayek / Barbara M. Rowland. Contributions in Political
Science, no., 176. New York : Greenwood Press, 1987.
This secondary work examines Hayek's theories with a critical eye. Has
a very comprehensive bibliography in the back of the book, as well as
Philosophy of Human Rights : International Perspectives / Edited
by Alan S. Rosenbaum. Contributions in Philosophy, number 15. Westport,
C.T. : Greenwood Press, 1980.
Modern essays on the philosophical concept of human rights. Each essay
approaches the topic from a different perspective. The essays are comprehensive
and well-balanced. Notes are at the end of each chapter. There is a further
reading section in the back of the book, as well as a name index and a
Philosophy and Public Policy / Sidney Hook. Carbondale, I.L.,
London : Southern Illinois University Press, Feffer & Simons, 1980.
This secondary and primary work is an illustration of pragmatism. The
issues of philosophy are presented as they are applied to public policy.
Footnotes are at the bottom of each page, and there is a comprehensive
index at the back of the book.
Principles of Natural and Politic Law / Jean J. Burlamaqui. 2
volumes in 1. Reprint of the 1807 edition, which is a translation of Principes
du droit naturel et politique. New York : Arno Press, 1972.
An important work on the evolution of natural law. It is a primary work
that brings in pieces of prior studies in the field. Although it contains
no index, this work does have a detailed table of contents.
Rawls : A Theory of Justice and its critics / Chandran Kukathas
and Philip Pettit. Stanford : Stanford University Press, 1990.
This book is a discussion of Rawls' A Theory of Justice, along with explanations
of the differing criticisms and interpretations that have been made. It
is written at the graduate or advanced undergraduate level. The bibliography
and index are at the back of the book.
The Supreme Court and the Second Bill of Rights : The Fourteenth Amendment
and the Nationalization of Civil Liberties / Richard C. Cortner. Madison
: University of Wisconsin Press, 1981.
The Bill of Rights set forth the fundamental rights that the Federal Government
would protect and respect. Originally these rights only applied to the
federal government and not to the states; however, the due process clause
of the fourteenth amendment changed that. The Supreme Court has applied
the rights to the states incrementally ever since. Cortner's work examines
the theoretical foundations of those decisions. Notes are at the end of
the book, as is a table of cases and an index.
Theories of Justice / Brian Barry. A Treatise on Social Justice,
volume 1. California Series on Social Choice and Political Economy. Berkeley
: University of California Press, 1989.
This primary and secondary work explores some of the great theories and
ideas of justice, as well as presenting new theories. The writing is structured
in a manner that allows undergraduates to understand, while graduates
and scholars are also satisfied. The end notes and index are at the back
of the book.
Morality & the Law / Gerald Abrahams. London : Calder
& Boyars, 1971.
This work cites to British cases for an understanding of how the British
courts have handled the issue of morality. Footnotes are sprinkled
throughout, but there is a table of cases and an index at the end of the
Aristotle’s Constitution of Athens and Related Texts / Translated
with an Introduction and Notes
by Kurt von Fritz and Ernst Kapp. The Hafner Library of Classics.
New York : Hafner
Publishing Company, 1950.
No investigation into the field of jurisprudence would be complete without
a look at Aristotle’s work. This edition includes an excellent introduction
that explains the work, its origin, and its
significance. In addition to the constitution itself, related texts
include the Epitome of
Heracleides, fragments of the lost beginning of Aristotle’s constitution,
and passages from
Protrepticus, Politicus, On Kingship, and Alexander. This edition
also includes Plato's Seventh
Epistle. There is an index of names and places, as well as a general
Toward a Reformulation of Natural Law / Anthony Battaglia.
New York : The Seabury Press,
Battaglia’s book is a discussion of morality and natural law.
“It sets the natural basis of morality in such a way as to make
intelligible the changes in moral conventions which characterize our historical
experience of the world.” The book is written on the advanced undergraduate
or graduate level. Notes are located at the end of the book.
The Idea of Justice / Otto A. Bird. Concepts in Western
Thought series. New York : Frederick
A. Praeger, 1967.
Bird’s work is a secondary discussion of the issues and theories of justice.
The book covers the subject in a way that is accessible by undergraduates,
but still useful for graduate students and scholars. Contains a
bibliography and index.
Treatise on Justice / Edgar Bodenheimer. New York : Philosophical
This work lays out the topic of justice in an easy-to-read fashion.
Suitable for both undergraduate and graduate use. Endnotes contain
a wealth of references, and there is a comprehensive index.
The Dialogue of Justice : Toward a Self-Reflective Society / James
S. Fishkin. New Haven :
Yale University Press, 1992.
This book “proposes foundations for liberalism that fall into neither
absolutism nor relativism, that are based on neither religion nor amoralism,
and that amount. . . to something less than systematic theory and to something
more than institutionalism.” Fishkin’s work is on the graduate or
advanced undergraduate level. Comprehensive endnotes and an index
are located at the end of the book.
The Greek Concept of Justice : From its shadow in Homer to its Substance
in Plato / Eric A. Havelock. Cambridge, M.A. : Harvard University
This discussion of the concept of justice discusses Greek perceptions.
From the Iliad and the Odyssey to Hesiod, Solon, Aeschylus, Herodotus,
and Plato, the concept of justice underwent a
change. Contains an index.
Legal Outlines / David Hoffman. Historical Writings in Law
and Jurisprudence series. Reprint
of the 1836 edition. Buffalo, William S. Hein & Company, 1981.
This primary work on natural law and its applicability contains an index
at the end of the book.
Wild Justice : The Evolution of Revenge / Susan Jacoby.
New York : Harper & Row, 1983.
Joacoby’s work fills a much-needed niche. Revenge is a subset of
justice that is not discussed very much. There is a good bibliography
in the back of the books, and also a comprehensive index.
Justice : Interdisciplinary and Global Perspectives / Edited by
T. M. Thomas and Jesse Levitt.
Lanham, M.D. : University Press of America, 1988.
Each of the essays in the book are written by different authors and address
the concept of justice from a different perspective.
Each chapter has a bibliography at the end. Additional material
includes the Declaration of Independence, the U.S. Constitution, the U.N.
of Human Rights, and the U.N. Convention on the Prevention and Punishment
of the Crime of Genocide.
Justice / Edited by Milton Fisk. Key Concepts in Critical
Theory series. Atlantic Highlands,
N.J. : Humanities Press International, 1993.
This reader contains primary essays on the topic of justice. Included
are John Stuart Mill, Karl
Marx, Ronald Dworkin, and other key writers on the theory of justice.
At the end of the book is
an index and a bibliography.
Ethics and the Rule of Law / David Lyons. Cambridge, UK,
New York : Cambridge University
Lyons’ book serves as an introduction to the field. It is simple
to understand and suitable for undergraduates. The endnotes, bibliography,
and index are located at the back of the book.
Moral Aspects of Legal theory : Essays on Law, Justice, and Political
Responsibility / David Lyons. Cambridge, UK, New York : Cambridge
University Press, 1993.
A series of essays written over the period of twenty-two years.
These essays deal with both the nature of law and with the concept of
legal interpretation. The essays reflect a dynamic process of change
within the field of jurisprudence and within the thinking of a specific
scholar. Footnotes are sprinkled through the book. There is
The spirit of the laws / Charles de Secondat, baron de Montesquieu.
Translated by Thomas Nugent, with an introduction by Franz Neumann. 2
vols. in one. New York, Hafner Publishing
One of the classic works in the field of jurisprudence. This work
should be consulted by any serious student or scholar. This edition
contains a comprehensive index.
The Spirit of Modern Republicanism : The moral Vision of the American
Founders and the Philosophy of Locke / Thomas L. Prangle. Chicago
: The University of Chicago Press, 1988.
Prangle’s work focuses on the framers of the constitution and the various
theories that have arisen of their intent. He then discusses the
Lockean conception of human nature and relates this to the founders.
There is a comprehensive bibliography and index.
Property / Edited by J. Roland Pennock and John W. Chapman.
Nomos XXII Yearbook of the
American Society for Political and Legal Philosophy. New York :
New York University Press, 1980.
Each essay is written by a different philosopher. Footnotes are
at the end of each section, and there is an index.
A Theory of Justice /John Rawls. Cambridge, M.A. : The Belknap
Press of Harvard University Press, 1971.
Rawls’ classic work on the theory of justice. This primary work
should be studied by all students of the field. References are in
footnotes and there is a comprehensive index.
Reading Rawls : Critical Studies on Rawls’ A Theory of Justice / Edited
with an introduction by
Norman Daniels. New York : Basic Books, 1974.
Each essay in this book discusses Rawls’ theory of justice. The
essays are written by some of the
top theorists in the field, including Dworkin, Fisk, H. L. A. Hart, and
A. K. Sen. Some of the essays are on the graduate and professional
level, and one chapter uses symbols. There is an index and a bibliography
at the end of the book.
Property / Andrew Reeve. Issues in Political Theory series.
Atlantic Highlands, N.J. : Humanities Press International, 1986.
Reeve’s work is a secondary treatise on the theory of property and ownership.
His explanations are very basic and suitable for undergraduate students.
There is a bibliography and index in the back of the book.
A Discourse on Property : John Locke and his adversaries / James
Tully. Cambridge, New York : Cambridge University Press, 1980.
Tully seeks to explain Locke by way of comparing and contrasting his theories
with those of others in the area of Natural Law. The book contains
endnotes and an index.
Law and Politics in the Middle Ages : An Introduction to the Sources
of Medieval Political Ideas / Walter Ullmann. The Sources of
History : Studies in the Uses of Historical Evidence series. Ithica,
N.Y. : Cornell University Press, 1975.
This book presents the ideas and sources of medieval political theory.
Since much of the modern theories are either based on or a refutation
of the prevailing theories of the middle ages, Ullmann’s work is instrumental.
There is a bibliography and index.
The Right to Private Property / Jeremy Waldron. Oxford :
Clarendon Press, 1988.
This secondary source summarizes the major theories of private property,
including Locke, Proudhon, and Hegel. There is a bibliography and
an index at the end of the book.
Understanding Rawls : A Reconstruction and Critique of A Theory of
Justice” / Robert Paul Wolff. Princeton : Princeton University
This work discusses and summarizes Rawls’ theory in a form that undergraduates
and benefit from. There is an index at the end of the book.
Return to Contents
Last Updated August 30, 2001