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Philosophy of Law

ISBN: 9780534584689 | 0534584683
Edition: 7th
Format: Paperback
Publisher: Wadsworth Publishing
Pub. Date: 7/23/2003

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Part I: LAW. 1. Natural Law Theory. Brian Bix: Natural Law Theory. Susan Dimock: The Natural Law Theory of St. Thomas Aquinas. Lon L. Fuller: Eight Ways to Fail to Make Laws. 2. Positivism and Its Critics. John Austin: A Positivist Conception of Law. H.L.A. Hart: Law at the Union of Primary and Secondary Laws. H.L.A. Hart: Positivism and the Separation of Law and Morals. Lon L. Fuller: Positivism and Fidelity to Law--A Reply to Professor Hart. Ronald Dworkin: The Model of Rules. Riggs v. Palmer. *Jules Coleman and Brian Leiter: Legal Positivism. 3. Law From the Perspective of the Judge. Oliver Wendell Holmes: The Path of the Law. Jerome Frank: Legal Realism. Ronald Dworkin: Integrity in Law. Lon L. Fuller: The Case of the Speluncean Explorers. Joel Feinberg: The Dilemmas of Judges Who Must Interpret "Immoral Laws". John Hart Ely: Discovering Fundamental Values. David Lyons: Constitutional Interpretation and Original Meaning. Robert H. Bork: The Right of Privacy: The Construction of a Constitutional Time-Bomb. *Antonin Scalia: Common Law Courts in a Civil-Law System: The Role of the United States Federal Courts in Interpreting the Constitution and Laws. *Ronald Dworkin: Comment (On Scalia). 4. The Moral Obligation to Obey the Law. Plato, Crito/ Martin Luther King, Jr.: Letter from Birmingham Jail. *M.B.E. Smith: Is There a Prima Facie Obligation to Obey the Law? *Scott Shapiro: Authority. Part II: JUSTICE. 5. Liberty. John Stuart Mill: The Liberal Argument. *Joel Feinberg: Offensive Nuisances. Gerald Dworkin: Paternalism. 6. Rights. *Joel Feinberg: The Nature and Value of Rights. *F.M. Kamm: Conflicts of Rights. *Jules Coleman and Jody Kraus: Rethinking the Theory of Legal Rights. 7. Justice in the Administration of Law. The Machinery of Justice. John H. Langbein: Torture and Plea Bargaining. Gerald Dworkin: The Serpent Beguiled Me and I Did Eat: Entrapment and the Creation of Crime. 8. Constitutional Privacy. Griswold v. Connecticut. Roe v. Wade. Planned Parenthood of SE Pennsylvania v. Casey. Bowers v. Hardwick. 9. Freedom of Expression and Its Limits. Joel Feinberg: Limits to the Free Expression of Opinion. Cohen v. California. Village of Skokie v. National Socialist Party of America. Texas v. Johnson. *Henry Louis Gates: War of Words: Critical Race Theory and the First Amendment. 10. Justice, Affirmative Action and Racial Quotas. Thomas Nagel: Equal Treatment and Compensatory Discrimination. Thomas E. Hill, Jr.: The Message of Affirmative Action. California Constitution, Article I sec. 31. 11. Inequality and Gender. Kim Lane Scheppele: The Reasonable Woman. Leslie Green: Sexuality, Authenticity and Modernity. State v. Rusk. Regina v. Morgan. State v. Kelly. Michael M. v. Superior Court of Sonoma County. 12. Justice and Contract. Anthony T. Kronman: Contract Law and Distributive Justice. *Seana Shiffrin: Paternalism, Unconscionability Doctrine, and Accommodation. 13. Torts. Jules Coleman and Arthur Ripstein: Mischief and Misfortune. Stephen R. Perry: Loss, Agency, and Responsibility for Outcomes: Three Conceptions of Corrective Justice. 14. Property. *Jeremy Waldron: Property Law. *Robert Merges: Property Rights Theory and the Commons: The Case of Scientific Research. Moore v. Regents. Part III: RESPONSIBILITY AND PUNISHMENT. 15. Ascribing Responsibility. Stephen Perry: The Impossibility of General Strict Liability. H.L.A. Hart and A.M. Honore: Causation and Responsibility. Judith Jarvis Thomson: The Decline of Cause. *David Lewis: The Punishment that Leaves Something to Chance. *John Gardner: Obligations and Outcomes in the Law of Torts. Palsgraf v. The Long Island Railroad Co. Summers v. Tice. Sindell v. Abbott Laboratories. Thomas Babington Macalay: Notes on the Indian Penal Code. Ernest J. Weinrib: The Case for a Duty to Rescue. 16. Defeating Responsibility. *John Martin Fischer and Mark Ravizza: Responsibility for Consequences. People v. Young. Sanford S. Kadish and Stephen J. Schulhofer: The Case of Lady Eldon''s French

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