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Philosophical Problems in the Law
ISBN: 9780534519032 | 0534519032
Edition: 3rdFormat: Paperback
Publisher: Wadsworth Publishing
Pub. Date: 8/6/1999
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PHILOSOPHICAL PROBLEMS IN THE LAW is the perfect introduction to the philosophy of law! This collection of articles and cases helps you consider philosophical problems associated with the law through examples, case studies, and decision scenarios. Case examples and recent decisions such as Pledge of allegiance case, Freedom of expression on the Internet, Supreme Court rulings on affirmative action, "Three-Strikes laws," and the death penalty help you see the real world relevance of what you are learning.
| Preface | |
| Introduction | |
| I | |
| THE NATURE OF LAW AND LEGAL REASONING | |
| Philosophy and the Law | |
| What is Law? Classical Theories of Law | |
| Modern Theories of Law | |
| Contemporary Perspectives | |
| Legal Reasoning and the Constit... MORE | |
| Cases for Further Reflection | |
| II | |
| LAW, LIBERTY, AND MORALITY | |
| Boundaries of the Law: Enforcing Morality and Justifying Disobedience | |
| Freedom of Expression and Hate-Speech | |
| Obscenity and Pornography | |
| Freedom of Religion | |
| Cases for Further Reflection | |
| III | |
| EQUALITY AND THE LAW | |
| Constitutional Equality and Preferential Treatment | |
| Sex, Gender, and Equality | |
| Cases for Further Reflection | |
| IV | |
| CRIMINAL LAW | |
| What is a Crime? Justification and Excuse | |
| The Aims and Limits of Criminal Punishment | |
| Death | |
| Cases for Further Reflection | |
| V | |
| TORT LAW | |
| Justice, Compensation, and Tort | |
| Causation and Liability | |
| Acts, Omissions, and the Duty to Rescue | |
| Cases for Further Reflection | |
| Appendix 1: Legal Citations and Law Reports | |
| Appendix 2: Amendments to the Constitution of the United States | |
| Appendix 3: Legal Resources on the Internet | |
| Glossary of Legal Terms |
