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This leading anthology contains legal cases and essays written by the finest scholars in legal philosophy, representing all major points of view on the most central topics in philosophy of law. Its primary focus is to relate traditional themes of legal philosophy to the concerns of modern society in a way that invigorates one and illuminates the other, respectively. 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 distinguished in its inclusion of many articles relevant to terrorism and torture, contract and property, and a greater emphasis on concrete legal problems.
Table of Contents
The Nature of Law
The Natural Law Tradition
Selections from On Law, Morality and Politics
Eight Ways to Fail to Make Laws
Natural Law Jurisprudence
(on Blackstone) Of Laws in General
A Positivism Conception of Law
Law at the Union of Primary and Secondary Laws
Negative and Positive Positivism
Institutionalized Normative Systems
Legal Realism and Skepticism
The Path of the Law
From The Bramble Bush
Principles and Legal Interpretation
Integrity in Law
Common-Law Courts in a Civil-Law System: The Role of United States Federal Courts in Interpreting the Constitution and Laws
Constitutional Democracy: A Paradoxical Union of Contradictory Principles?
CDifference and Dominance: On Sex Discrimination
Is International Law, Law?
Is International Law, Law?
Roper v. Simmons
Is There a Moral Obligation to Obey the Law?
Is There a Prima Facie Obligation to Obey the Law?
Letter from Birmingham Jail
The Political Philosophy of Law
Liberty and Authority
The Liberal Argument from On Liberty
Beyond the Harm Principle
Equality as a Moral Ideal
From The Morality of Freedom
The Reasonable Woman
State v. Rusk
State v. Kelly
Grutter v. Bollinger
The Nature and Value of Rights
Rethinking the Theory of Legal Rights
Are There Any Natural Rights?
The Right of Privacy: The Construction of a Constitutional Time-Bomb
Leslie Green, Sexuality, Authenticity and Modernity
Roe v. Wade
Planned Parenthood of SE
Lawrence v. Texas
Freedom of Expression
Not a Moral Issue
Cohen v. California
Village of Skokie v. National Socialist Party of America
Pruneyard Shopping Center et al. v.
Terrorism and Torture
The Moral Significance of Terrorism
Memorandum from John Yoo, Deputy Assistant Attorney General, and Robert J. Delahunty, Special Counsel, Office of Legal Counsel, Dept of Justice, to William J. Haynes II, General Counsel, Department of Defense, Application of Treaties and Laws to al-Qaeda and Taliban Detainees (Jan 9 2002)
Hamdan v. Rumsfeld
Should the Ticking Bomb Terrorist Be Tortured?
Torture and Positive Law: Jurisprudence for the White House
Philosophy and the Law
General Principles of Responsibility
Causation and Responsibility
Action and Responsibility
Honore, Responsibility and Luck: The Moral Basis of Strict Liability
Punishment and Responsibility
The Case of Lady Eldon?s French Lace
The Punishment that Leaves Something to Chance
The Gist of Excuses
People v. Young
State v. Guido
The M?Naughten Rules
The American Law Institute, The Insanity Defense
The Classic Debate
The Expressive Function of Punishment
Persons and Punishment
From Forgiveness and Mercy
Should We Execute Those Who Des
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