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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 majorsand other students interested in law to consider philosophical problems associated with the law, as situated within concrete, timely, andcontroversial contexts.
Table of Contents
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
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
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
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
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
What Is a Crime? People v. Dlugash
The Criminal Law and the Luck of the Draw
Study Questions Justification
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