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Readings in the Philosophy of Law

ISBN: 9780130277411 | 013027741X
Edition: 3rd
Format: Paperback
Publisher: Prentice Hall
Pub. Date: 1/1/2001

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SummaryTable of Contents
For sophomore/junior courses in Philosophy of Law. This anthology of classical and contemporary philosophical and legal essays and legal cases focuses on legal philosophy as its own subjectrather than as an outgrowth of social or political philosophy or applied ethics. The essays focus on how law is organized and the particular philosophical issues that law raises. The book requires students to think through actual debatesmany of them still live in the courts.
Prefaceix
Part I Law in Action
The Practice of Law
Lawyers' Ethics in an Adversary System
3(9)
... MORE
Monroe H. Freedman
Building Power and Breaking Images: Critical Legal Theory and the Practice of Law
12(5)
Peter Gabel
Paul Harris
The Lawyer as Friend
17(9)
Charles Fried
The Lost Lawyer
26(8)
Anthony Kronman
The Rule of Law
Magnitude and Importance of Legal Science
34(3)
David Dudley Field
Eight Ways to Fail to Make Law
37(6)
Lon Fuller
The Problem of the Grudge Informer
43(4)
Lon Fuller
Grudge Informers and the Rule of Law
47(2)
H. L. A. Hart
The Rule of Law and Its Virtues
49(7)
Joseph Raz
The Moral Force of Law
Crito
56(7)
Plato
The Justification of Civil Disobedience
63(8)
John Rawls
On Not Prosecuting Civil Disobedience
71(7)
Ronald Dworkin
Elements of Legal Reasoning
On Interpretation: The Adultery Clause of the Ten Commandments
78(3)
Sanford Levinson
Stare Decisis: The Use of Precedent
81(9)
C. Gordon Post
Rules of Interpretation
90(2)
William Blackstone
A Case Study in Interpretation: The Mann Act
92(5)
Edward H. Levi
Cases Interpreting the Mann Act
97(6)
Can a Murderer Inherit?
103(8)
Part II The Nature of Law
Natural Law and Legal Positivism: Classical Perspectives
Summa Theologica
111(6)
Thomas Aquinas
The Province of Jurisprudence Determined
117(8)
John Austin
Formalism and Legal Realism
Preface to Cases on the Law of Contracts
125(1)
Christopher Columbus Langdell
A Treatise on the Conflict of Laws
126(3)
Joseph H. Beale
The Path of the Law
129(4)
Oliver Wendell Holmes
Realism and the Law
133(8)
Jerome Frank
Interpretation as Formal
141(6)
Tony Honore
The Contemporary Debate: Hart versus Dworkin
Positivism and Separation of Law and Morals
147(9)
H. L. A. Hart
Law as the Union of Primary and Secondary Rules
156(4)
H. L. A. Hart
The Model of Rules
160(10)
Ronald Dworkin
``Natural'' Law Revisited
170(7)
Ronald Dworkin
Law and Economics
The Economic Approach to Law
177(6)
Richard A. Posner
Law and Economics: An Analysis and Critique
183(13)
Andrew Altman
Critical Legal Theory and Feminist Jurisprudence
Critical Legal Studies
196(9)
Robert W. Gordon
Toward a Theory of Law and Patriarchy
205(7)
Janet Rifkin
Jurisprudence and Gender
212(11)
Robin West
Legal Realism, Critical Legal Studies, and Dworkin
223(9)
Andrew Altman
Skepticism, Objectivity, and Democracy
232(10)
Ronald Dworkin
Part III Philosophical Issues in Criminal Law
Punishment: Theory and Practice
Who Should be Punished?
242(1)
Capital Punishment
243(7)
The Utilitarian Theory of Criminal Punishment
250(6)
Richard B. Brandt
Persons and Punishment
256(7)
Herbert Morris
Restitution: A New Paradigm of Criminal Justice
263(7)
Randy E. Barnett
Legal Cases in Criminal Law Racial Bias in Sentencing
270(2)
Cruel and Unusual Punishment
272(5)
Problems of Criminal Liability
Survival on a Lifeboat
277(4)
The Principles of Criminal Law
281(6)
Richard B. Brandt
Intention
287(7)
H. L. A. Hart
Attempting the Impossible
294(7)
Rape
301(8)
Susan Estrich
The Battered Woman's Defense
309(9)
Catharyn Jo Rosen
Is the Insanity Test Insane?
318(9)
R. J. Gerber
What Is So Special about Mental Illness?
327(7)
Joel Feinberg
The Cultural Defense in the Criminal Law
334(9)
Harvard Law Review
The Rights of Defendants
Convicting the Innocent
343(7)
James McCloskey
A Debate on the Exclusionary Rule
350(12)
Malcolm Richard Wilkey
Stephen H. Sachs
Interrogation and the Right to Counsel
362(16)
Criminal Justice and the Negotiated Plea
378(7)
Kenneth Kipnis
The Race Card and Jury Nullification
385(11)
Randall Kennedy
Part IV Philosophical Issues in Civil Law
Compensating for Private Harms: The Law of Torts
Negligence
396(7)
William Prosser
Foreseeability of Risk
403(3)
Negligence and Due Care
406(7)
Tort Liability and Corrective Justice
413(8)
Jeffrie G. Murphy
Jules L. Coleman
Legal Cases in Tort Law Efficiency and the Law
421(1)
Liability without Causation?
422(3)
A Duty to Rescue?
425(5)
Wrongful Life and Wrongful Birth
430(8)
Private Ownership: The Law of Property
Property
438(6)
John Locke
Property and Sovereignty
444(6)
Morris Raphael Cohen
Legal Cases in Property Property Acquisition
450(4)
Taking without Compensation
454(6)
Private Agreements: The Law of Contract
The Basis of Contract
460(8)
Morris Raphael Cohen
Contract as Promise
468(8)
Charles Fried
Legal Cases in Contract Law Surrogate Mother Contracts
476(9)
Employment Contracts
485(11)
Part V Philosophical Issues in Constitutional Law
Constitutional Government and the Problem of Interpretation
The Political Meaning of Constitutionalism: British, French, and American Perspectives
496(11)
Ulrich K. Preuss
Debating Ratification of the U.S. Constitution
507(13)
Robert Yates
Thomas Jefferson
James Madison
Alexander Hamilton
The Notion of a Living Constitution
520(6)
William H. Rehnquist
Constitutional Cases
526(9)
Ronald Dworkin
Precommitment and Disagreement
535(10)
Jeremy Waldron
Democracy, Judicial Review, and the Special Competency of Judges
545(8)
John Arthur
Precedent, Legitimacy, and Judicial Review
553(7)
Freedom of Religion, Free Speech, and Privacy
A Letter Concerning Toleration
560(4)
John Locke
Legal Cases on Religious Freedom School Prayer
564(4)
Engel v. Vitale
Religious Freedom and Public Education
568(3)
Wisconsin v. Yoder
Secular Humanism and Religious Establishment
571(4)
On Liberty
575(11)
John Stuart Mill
Legal Cases on Political Speech Foundations of Free Speech
586(3)
Flag Burning
589(4)
Texas v. Johnson
Nazi Marches
593(3)
Legal Cases on Obscenity and Pornography Obscenity
596(3)
Pornography and Women
599(3)
Privacy, Homosexuality, and the Constitution
602(9)
John Arthur
Equality and the Constitution
Justice Engendered
611(11)
Martha Minow
Equality, Race, and Gender
622(14)
Peter Singer
Affirmative Action: An Exchange
636(11)
Ronald Dworkin
Respondents
Wartime Internment of Japanese Americans
647(6)
Gender Discrimination
653(2)
Legal Cases on Equality versus Free Speech Speech Creating a ``Hostile Environment''
655(3)
Campus Speech Codes
658(6)
Appendix: The Bill of Rights and the Fourteenth Amendment664(2)
Acknowledgments666

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