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Philosophical Problems In The Law
ISBN: 9780534584283 | 0534584284
Edition: 4thFormat: Paperback
Publisher: Cengage Learning
Pub. Date: 5/14/2004
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This collection of topically organized articles and cases provides an accessible yet thorough introduction to the philosophy of law. Without presupposing a student's previous knowledge of philosophy or law, PHILOSOPHICAL PROBLEMS IN THE LAW encourages philosophy majors and other students interested in law to consider philosophical problems associated with the law, as situated within concrete, timely, and controversial contexts.
| Preface | |
| The Nature of Law and Legal Reasoning | |
| Philosophy and the Law. What Is Law? Trial of Border Guards | |
| Opening Address for the United States, Nuremberg Trials | |
| Nuremberg: A Fair Trial? Statement of President Slobodan Milosevic on the Illegitimacy of the Hague "Tribunal." Prosecutor v | |
| Study Questions. Classical Theories of Law | |
| Legality and Justice: A Fictional Case | ... MORE |
| Legal Positivism | |
| Inclusive Legal Positivism and the Nature of Jurisprudential Debate | |
| Positivism and the Separation of Law and Morals | |
| Positivism and Fidelity to Law | |
| What Is Law? From Summa Theologiae | |
| Letter from Birmingham Jail. Study Questions. Modern Theories of Law | |
| The Path of the Law | |
| A Realist View of the Law | |
| Critical Legal Studies: An Introduction to Its Origins and Underpinnings | |
| Critical Legal Studies and Liberalism | |
| Law As Integrity. Study Questions. Contemporary Perspectives | |
| The Economic Approach to Law | |
| The Pragmatist and the Feminist | |
| Race and Essentialism in Feminist Legal Theory | |
| Hallmark Critical Race Theory Themes. Study Questions. Cases for Further Reflection | |
| v. Palmer | |
| Billy Budd. The Antelope | |
| The Problem of the Grudge Informer | |
| Constitutional Law: Interpretation and the First Amendment | |
| Legal Reasoning and Constitutional Interpretation | |
| v. U.S. Church of the Holy Trinity v | |
| The Role of U.S. Federal Courts in Interpreting the Constitution | |
| Comment on Scalia | |
| The Right of Privacy. Study Questions. Boundaries of the Law: Freedom of Expression and Enforcing Morality. South Florida Free Beaches, Inc., v. City of Miami | |
| Florida | |
| On Liberty | |
| The Enforcement of Morals | |
| Law, Liberty, and Morality | |
| Devlin Was Right: Law and the Enforcement of Morality. Cohen v. California | |
| A Ride on the Bus | |
| Newdow v. United States of America. Study Questions. Obscenity and Pornography. Ashcroft v. The Free Speech Coalition. American Booksellers Association v. Hudnut | |
| Obscenity as Pornography | |
| Pornography: On Morality and Politics. Study Questions. Cases for Further Reflection | |
| Connecticut | |
| v. Texas. Minersville School District v. Gobitis. Texas v | |
| People of the State of Michigan v. | |
| Reynolds v. United States | |
| Constitutional Law: Equal Protection of the Laws | |
| Equal Protection Law, Racial Discrimination, and Affirmative Action | |
| Puzzles About Equality | |
| What Is Race? | |
| A Defense of Affirmative Action | |
| Affirmative Action. House Resolution 40: Reparations to African Americans | |
| U.S. Study Questions. Sexual Orientation, Gender, and Equality | |
| Homosexuality and the Constitution | |
| The Dilemma of Difference | |
| The Assimilationist Ideal | |
| A Black Feminist Critique of Antidiscrimination Law. Study Questions. Equality, Parenthood, and Family Law | |
| A Critique of Michael H. v. | |
| Family Law in Transition. Johnson v. Calvert | |
| Too Many Parents. Study Questions. Cases for Further Reflection. Bush v. Gore. Loving v. Virginia. U.S. v. Virginia. | |
| v. Superior Court of Sonoma County. U.S. v | |
| Criminal Law | |
| What Is a Crime? People v. Dlugash | |
| Intent | |
| The Criminal Law and the Luck of the Draw | |
| Study Questions Justification | |
| Table of Contents provided by Publisher. All Rights Reserved. |
