Philosophy Of Law
by Feinberg, Joel; Coleman, JulesEdition: 8th
Format: Paperback
Pub. Date: 2007-04-20
Publisher(s): Wadsworth Publishing
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Summary
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 | |
| Speluncean Explorers | |
| Legal Positivism | |
| 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 | |
| Legal Realism | |
| 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 | |
| Comment | |
| Critical Theory | |
| 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? | |
| Plato, Crito | |
| 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 | |
| Paternalism | |
| Equality | |
| Equality as a Moral Ideal | |
| From The Morality of Freedom | |
| The Reasonable Woman | |
| State v. Rusk | |
| State v. Kelly | |
| Grutter v. Bollinger | |
| Rights | |
| The Nature and Value of Rights | |
| Rethinking the Theory of Legal Rights | |
| Are There Any Natural Rights? | |
| Privacy | |
| 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. | |
| Offensive Nuisances | |
| 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 | |
| Table of Contents provided by Publisher. All Rights Reserved. |
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