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Readings in the Philosophy of Law

ISBN: 9780137538492 | 0137538499
Format: Paperback
Publisher: Prentice Hall
Pub. Date: 12/1/1992

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SummaryTable of Contents
This anthology of classical and contemporary philosophical and legal essays and legal cases focuses on legal philosophy as its own subject -- rather 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 -- and gives readers the opportunity to think through actual debates -- many of them still live in the courts. Provides short introductions and thought-provoking questions for each selection. The Practice of Law. The Rule of Law. The Moral Force of Law. Elements of Legal Reasoning. Natural Law and Legal Positivism: Classical Perspectives. Formalism and legal Realism. The Contemporary Debate: Hart v. Dworkin. Law and Economics. Critical Legal Theory and Feminist Jurisprudence. Punishment: Theory and Practice. Problems of Criminal Liability. The Rights of Defendants. Compensating for Private Harms: The Law of Torts. Private Ownership: The Law of Property. Private Agreements: the Law of Contract. Constitutional Government and the Problem of Interpret
... MORE
Law in Action
The Adversary System and the Practice of Law
Lawyers Ethics in an Adversary System
An Alternative to the Adversary System
Building Power and Breaking Images: Critical Legal Theory and the Practice of Law
The Lawyer as Friend
The Lost Lawyer
The Rule of Law
Magnitude and Importance of Legal Science
Eight Ways to Fail to Make Law
Grudge Informers
The Problem of the Grudge Informer
The Rule of Law and Its Virtues
The Moral Force of Law
Crito, Plato
The Justification of Civil Disobedience
On Not Prosecuting Civil Disobedience
Legal Reasoning
Statutes
Interpreting the Adultery Clause of the Ten Commandments
Interpreting the Small Bird Act
A Case Study: Interpreting the Mann Act
Cases Interpreting the Mann Act
Interpretation
Who is a Drunk Driver?
What is a Vegetable?
Can a Murderer Inherit?
Precedents
Stare Decisis: The Use of Precedent
Analogical Reasoning
Rape, Consent and Mens Rea
Precedent and Ligitimacy, Planned Parenthood
The nature of
Table of Contents provided by Publisher. All Rights Reserved.

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