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Philosophy of Law

ISBN: 9780534524975 | 0534524974
Edition: 6th
Format: Paperback
Publisher: Wadsworth Publishing
Pub. Date: 8/24/1999

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SummaryTable of Contents
With fresh contributions from new co-author Jules Coleman, this leading anthology contains legal cases and essays written by the best scholars in legal philosophy, representing all major points of view on central topics in philosophy of law. This classic text is distinguished by its clarity, balance of topics, balance of substantive positions on controversial questions, topical relevance, imaginative use of cases and stories, and the inclusion of only lightly-edited or untouched classics. This revision is marked by inclusion of many articles relevant to women's issues and a greater emphasis on concrete legal problems.
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Prefacep. xi
Lawp. 1
Natural Law Theoryp. 7
"Natural Law Theory"p. 7
"The Natural Law Theory of St. Thomas Aquinas"p. 19
The Challenge of Legal Positivismp. 33
"A Positivist Conception of Law," from The Province of Jurisprudence Determined (1832)p. 33
"Law as the Union of Primary and Secondary Rules," from The Concept of Law (1961)p. 45
"Positivism and the Separation of Law and Morals"p. 59
"Positivism and Fidelity to Law--A Reply to Professor Hart"p. 76
"Eight Ways to Fail to Make Law," from The Morality of Law (1964)p. 91
"Negative and Positive Positivism"p. 95
Law from the Perspective of the Judgep. 108
"The Dilemmas of Judges Who Must Interpret 'Immoral Laws'"p. 108
"The Model of Rules"p. 130
Riggs v. Palmer, Court of Appeals of New York, 1889p. 147
"Integrity in Law," from Law's Empire (1986)p. 152
"The Third Theory of Law"p. 167
"The Path of the Law"p. 174
"Legal Realism," from Law and the Modern Mind (1963)p. 180
"Interpretive Construction in the Substantive Criminal Law"p. 182
The Moral Obligation to Obey the Lawp. 210
Critop. 210
"Letter from Birmingham Jail," from Why We Can't Wait (1963)p. 219
"Difference Made Legal: The Court and Dr. King"p. 227
Libertyp. 254
The Case for Self-Determinationp. 259
"The Liberal Argument," from On Liberty (1859)p. 259
Challenges to Self-Determinationp. 271
"Paternalism," from Morality and the Law (1971)p. 271
Constitutional Privacyp. 281
Griswold v. Connecticut, United States Supreme Court, 1965p. 281
Roe v. Wade, United States Supreme Court, 1973p. 287
Planned Parenthood of S.E. Pennsylvania v. Casey, United States Supreme Court, 1992p. 291
Bowers v. Hardwick, United States Supreme Court, 1986p. 295
Freedom of Expression and Its Limitsp. 306
"Limits to the Free Expression of Opinion"p. 306
Cohen v. California, United States Supreme Court, 1971p. 322
Village of Skokie v. National Socialist Party of America, Supreme Court of Illinois, 1978p. 326
Texas v. Johnson, United States Supreme Court, 1989p. 330
"Civil Rights versus Civil Liberties: The Case of Discriminatory Verbal Harassment"p. 339
Principles of Constitutional Interpretationp. 356
"The Right of Privacy: The Construction of a Constitutional Time Bomb," from The Tempting of America (1990)p. 356
"Discovering Fundamental Values," from Democracy and Distrust (1980)p. 359
"Constitutional Interpretation and Original Meaning"p. 374
Justicep. 389
The Machinery of Justice: Three Sample Procedural Problemsp. 394
"Torture and Plea Bargaining"p. 394
"Jury Nullification," from Conflicts of Law and Morality (1987)p. 404
"The Serpent Beguiled Me and I Did Eat: Entrapment and the Creation of Crime"p. 409
Justice and Compensationp. 419
"Mischief and Misfortune"p. 419
"Loss, Agency and Responsibility for Outcomes: Three Conceptions of Corrective Justice"p. 439
Justice and Contractp. 453
"Contract Law and Distributive Justice"p. 453
"Babies for Sale: Reflections on the Baby M Case"p. 471
"Surrogate Motherhood as Prenatal Adoption"p. 484
Justice, Affirmative Action and Racial Quotasp. 492
"Equal Treatment and Compensatory Discrimination"p. 492
"The Message of Affirmative Action"p. 499
Article I sec. 31p. 513
Inequality and Genderp. 514
"The Reasonable Woman"p. 514
State v. Rusk, Court of Appeals of Maryland, 1981p. 519
Regina v. Morgan, House of Lords, 1976p. 523
State v. Kelly, Supreme Court of New Jersey, 1984p. 525
Michael M. v. Superior Court of Sonoma County, United States Supreme Court, 1981p. 530
"Sexuality, Authenticity, and Modernity"p. 538
Responsibilityp. 549
Responsibility for Resultsp. 554
"The Impossibility of General Strict Liability"p. 554
"Causation and Responsibility," from Causation in the Law (1959)p. 572
"The Decline of Cause"p. 584
"Blame, Punishment and the Role of Result"p. 592
Palsgraf v. The Long Island Railroad Co., New York Court of Appeals, 1928p. 598
Summers v. Tice, Supreme Court of California, 1948p. 604
Sindell v. Abbott Laboratories, Supreme Court of California, 1980p. 608
Responsibility for Noninterventionp. 623
"Notes on the Indian Penal Code," from Works of Lord Macaulay (1866)p. 623
"The Case for a Duty to Rescue"p. 625
Some Criminal Defensesp. 646
People v. Young, New York Court of Appeals, 1962p. 646
"The Case of the Speluncean Explorers"p. 648
"The Case of Lady Eldon's French Lace"p. 663
The M'Naghten Rules, House of Lords (1843)p. 668
The American Law Institute, The Insanity Defense, from Model Penal Code (1956)p. 669
State v. Guido, New Jersey Supreme Court, 1963p. 672
"What Is So Special About Mental Illness?" from Doing and Deserving (1970)p. 674
Punishmentp. 683
What Is Legal Punishment?p. 688
"The Expressive Function of Punishment," from Doing and Deserving (1970)p. 688
"Shame, Culture and American Criminal Law"p. 699
What, If Anything, Justifies Legal Punishment?p. 727
"The Classic Debate"p. 727
"Fantastic Counterexamples and the Utilitarian Theory," from Crime, Guilt and Punishment (1987)p. 732
"The Moral Worth of Retribution"p. 746
"The Failure of Retributivism"p. 769
Victims' Rights: Restitution or Vengeance?p. 780
"Retributivism: A Test Case for Ethical Objectivity"p. 780
"Getting Even: The Role of the Victim"p. 788
Payne v. Tennessee, United States Supreme Court, 1990p. 799
The Death Penaltyp. 817
Furman v. Georgia, United States Supreme Court, 1972p. 817
Woodson v. North Carolina, United States Supreme Court, 1976p. 826
"In Defense of the Death Penalty: A Practical and Moral Analysis"p. 836
"Should We Execute Those Who Deserve to Die?" from An Eye for an Eye: The Morality of Punishing by Death (1987)p. 842
Table of Contents provided by Syndetics. All Rights Reserved.

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