Foundations of Law

by Adam J. MacLeod, Robert L. McFarland

Foundations of Law is designed to help law and pre-law students make sense of law in a changeful age. It is founded upon the conviction of the English jurist William Blackstone that students who intend to study law need both technical instruction in law and liberal education in the history and jurisprudential concepts of law. The book considers the enduring nature of law and its relationship to equity and justice with the assistance of the authors of what we today call the Great Books. It also emphasizes enduring aspects of legal the role of logic; the meaning and importance of conscience and of due process; different approaches to textual interpretation; and the relation of law to other normative concepts (such as morality and religion) and to science (such as economics). The book surveys classic writings concerning law and justice―for example, the works of Sophocles, Plato, Aristotle, and Aquinas. It contains writings that are foundational to Anglo-American legal norms and institutions―Blackstone, Bentham, Locke, the Federalists, Lincoln, Holmes, and others. It includes helpful analytical insights from influential jurisprudence scholars―Austin, Hart, Hohfeld, Dworkin, and Finnis, among others. Most uniquely, it matches each of those writings with constitutions, declarations, statutes, judicial decisions, and other legal and political texts (even a letter from jail) that illustrate and reinforce the key lessons drawn from the great works. The book does not leave students adrift in abstractions. It provides a solid grounding for understanding and practicing law in a rapidly-changing world.

1016 pages, Hardcover

Published August 1, 2017

Reviews

[Doug Eaton · Rating 5 out of 5]

This book is an excellent overview of Western thought regarding the relationship between morality and law. The book consists of almost 1000 pages of readings interspersed by thought-provoking questions and summaries by the authors MacLeod and McFarland.

In this book, you will read Plato, Sophocles, Deuteronomy, and Romans. You will study Aristotle, Aquinas, Blackstone, John Locke, and C.S. Lewis. You will read Lincoln and Oliver Wendell Holmes and John Stewart Mill, and this is just a summary.

You will also read case law to see how these ideas play out in real life. From the dread Scott decision to Planned Parenthood v. Casey and many others.

This book is not for the faint of heart. It is for those serious about understanding the topic with a desire to read the original sources. If that is you, I know of no better book.