Philosophy of Law: An Introduction

Tebbit begins with a perspectives on the nature of law ranging from Aristotle through to modern day theorists like Hart and Dworkin. He follows this by an explanation of contemporary theories of law that owe their origin, both in substance as well as name, to the prevailing philosophical traditions of natural law, legal positivism and legal realism. He makes explicit the consequences of these perspectives by use of legal precedents. This first section is nicely done I have to say. It provides a solid grounding for both the student of law and the student of philosophy - his jointly intended audience.

The groundwork done he turns his attention in part two to an analysis of the reach of the law. Here he considers the philosophical background to problems arising in jurisprudence. However, his need to foreshorten the philosophical analysis, lest he loses the law student, leaves the philosophy student wanting. That said, there is enough philosophical content to give an insight to the competing theories of justice offered by Mill, Rawls and Dworkin.

Also a little thin, philosophically speaking, is the final section where Tebbit provides an analysis of criminal responsibility and punishment by contrasting consequentialist and retributivist theories of law. But again I guess we can forgiven him any lack of philosophical rigour given the book is an introductory text - it passes the sufficiency test. In mitigation Tebbit does provide a carefully directed reading list at the end of each chapter for those feeling short-changed philosophically.

Tebbit's clear and lucid style is to be commended, though his reason for not translating the odd Latin tag escapes me. This niggle aside, the book is a definite must not only for students interested in law, or the philosophy of law, but for anyone who ever wondered what philosophy has to do with everyday life.