Classic Readings and Cases in the Philosophy of Law
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Classic Readings and Cases in the Philosophy of Law

Classic Readings and Cases in the Philosophy of Law


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About the Book

With over sixty cases as support, Classic Readings and Cases in the Philosophy of Law presents the philosophy of law as a perpetual series of debates with overlapping lines and cross connections.  Exploring the relation of law to morality, liberty, disobedience, and punishment, this book delves into many social and political issues of pressing importance in contemporary society.  The extensive anthology of cases covers the mundane to the grandest of constitutional issues, including controversial topics like ownership of genetic material, capital punishment, and gay rights.  With its brief introductions to readings and cases and extensive study questions, this book encourages readers to think critically and philosophically.

Table of Contents:
Contents   Preface Introduction   PART 1: WHAT IS LAW?   Chapter 1: Traditional Natural Law Theory: Law for the Common Good   St. Thomas Aquinas, Law for the Common Good   Chapter 2: Legal Positivism I: Law as Command   John Austin, The Command Theory of Law   Chapter 3: American Legal Realism: Law as Judicial Pronouncement   Oliver Wendell Holmes, Law as Systematized Prediction of What the Courts Will Do   Jerome Frank, Law as the Product of Court Decisions   Chapter 4: Legal Positivism II: Law as the Union of Primary and Secondary Rules   H.L.A. Hart, Law as the Union of Primary and Secondary Rules   Chapter 5: Law and Economics: Law as Efficiency   Susan Dimock, Law and Economics   Chapter 6: Feminist Jurisprudence: Law as a Patriarchal Institution   Patricia Smith, Law as a Patriarchal Institution   Catharine A. MacKinnon, Law as Male Power   Additional Readings   Cases for Discussion   Palsgraf v. Long Island Rail Road Co.             Lynch v. Fisher             Hammontree v. Jenner Stewart v. Dutra Construction Co. Stockberger V. United States McFall v. Shimp Farwell v. Keaton Berman v. Allan Sindell v. Abbott Laboratories Moore v. Regents of the University of California Kowalski v. Tesmer Penn Central Transportation Co. v. New York City Kelo v. City of New London   PART 2: THE SEPARATION THESIS, LEGAL REASONING AND LEGAL INDETERMINACY: H.L.A. Hart and His Critics   Chapter 7: The Separation of Law and Morality   H.L.A. Hart, Positivism and the Separation of Law and Morals   Chapter 8: The Morality of Law   Lon L. Fuller, Positivism and Fidelity to Law–A Reply to Professor Hart             The Morality that Makes Law Possible   Chapter 9: Law as a System of Rights   Ronald Dworkin, Rules, Principles, and Rights             Hard Cases             Integrity in Law   Chapter 10: Hart’s Response to Dworkin   H.L.A. Hart, Defending Legal Positivism     Chapter 11: Law as an Indeterminate Patchwork of Irreconcilable Ideologies   Andrew Altman, Legal Realism, Critical Legal Studies, and Dworkin             Critical Legal Studies and the Rule of Law   Additional Readings   Cases for Discussion               Riggs v. Palmer             State of Maryland v. Rusk             Raich v. Ashcroft             Small v. United States Korematsu v. United States             Plessey v. Ferguson             Brown v. Board of Education United States v. Virginia Hopwood v. Texas Grutter v. Bollinger Michael M. v. Sonoma County Personnel Administrator of Massachusetts v. Feeney             Afroyim v. Rusk   PART 3: CIVIL DISOBEDIENCE AND THE OBLIGATION TO OBEY LAW   Chapter 12: The Duty to Oppose Injustice   Martin Luther King, Jr., Letter from Birmingham Jail   Chapter 13: Civil Disobedience and Conscientious Refusal   John Rawls, Civil Disobedience and Conscientious Refusal   Chapter 14: The Benefit of Challenging Uncertain Laws   Ronald Dworkin, Civil Disobedience   Additional Readings   Cases for Discussion               Schenck v. United States             Whitney v. California Walker v. City of Birmingham             Minersville School District, Board of Education v. Gobitis             Wisconsin v. Yoder             Employment Division, Dept. of Human Resources of Oregon v. Smith             United States v. Schoon     PART 4: LAW AND LIBERTY   Chapter 15: Civil Disobedience and the Presumption of an Obligation to Obey the Law   Chapter 16: In Defense of Liberty   John Stuart Mill, On Liberty   Chapter 17: Paternalism   Gerald Dworkin, Paternalism   Chapter 18: Legal Moralism   Lord Patrick Devlin, The Enforcement of Morals   Chapter 19: A Refutation of Legal Moralism   H.L.A. Hart, Law, Liberty, and Morality   Additional Readings   Cases for Discussion               John Doe v. University of Michigan             Texas v. Johnson             Chen v. California             New York Times v. Sullivan             New York Times Co. v. United States             Village of Skokie v. National Socialist Party of America             Hernandez v. Commonwealth of Virginia             Boy Scouts of America v. Dale             Miller v. California             Paris Adult Theater I v. Slaton Reno v. American Civil Liberties Union             Engel v. Vitale             Edwards v. Aguillard             Van Orden v. Perry             Griswold v. Connecticut Roe v. Wade Planned Parenthood v. Casey Bowers v. Hardwick Lawrence v. Texas             Loving v. Virginia             Goodridge v. Department of Public Health   PART 5: PUNISHMENT   Chapter 20: Utilitarianism   Jeremy Bentham, An Introduction to the Principles of Morals and Legislation   Chapter 21: Retributivism I: A Kantian Theory of Punishment   Immanuel Kant, The Right of Punishing and Pardoning   Chapter 22: Retributivism II: Fair Play   Herbert Morris, Persons and Punishment   Chapter 23: Retributivism III: The Value of Victims   Jean Hampton, A New Theory of Retribution   Chapter 24: Restitution   Randy Barnett, Restitution: A New Paradigm of Criminal Justice   Chapter 25: Restorative Justice   Gorden Bazemore, Three Paradigms for Juvenile Justice   Additional Readings   Cases for Discussion               Miranda v. Arizona             Gregg v. Georgia             McCleskey v. Kemp             Atkins v. Virginia             Roper v. Simons             Rummel v. Estelle             Hamdi v. Rumfeld             The Insanity Defense: M’Naghten and Durham             State v. Kelly             United States v. Oviedo   PART 6: CONSTIUTIONAL INTERPRETATION   Chapter 26: The Moral Reading of the American Constitution   Ronal Dworkin, The Moral Reading of the American Constitution     Appendix   The Bill of Rights and other Amendments to the Constitution of the United States Selections from the Canadian Charter of Rights and Freedoms   Glossary  


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Product Details
  • ISBN-13: 9780321187840
  • Publisher: Taylor & Francis Inc
  • Publisher Imprint: Routledge
  • Height: 254 mm
  • No of Pages: 688
  • ISBN-10: 0321187849
  • Publisher Date: 03 Nov 2006
  • Binding: Paperback
  • Language: English
  • Width: 203 mm


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