Free Delivery Over $100
|
|
|||
|
||||
OverviewIdeal for undergraduate courses in philosophy of law, this comprehensive anthology examines such topics as the concept of law, the dispute between natural law theorists and legal positivists, the relations between law and morality, criminal responsibility and legal punishment, the rights of the individual against the state, justice and equality, and legal evidence as compared with scientific evidence. The readings have been selected from both philosophy and law journals and include classic texts, contemporary theoretical developments, and well-known recent court cases. The text features extensive introductions that make even the most profound writings accessible to undergraduates. Full Product DetailsAuthor: Frederick Schauer (, Harvard University) , Walter Sinnott-Armstrong (, Dartmouth College)Publisher: Oxford University Press Inc Imprint: Oxford University Press Inc Dimensions: Width: 24.10cm , Height: 4.10cm , Length: 19.90cm Weight: 0.002kg ISBN: 9780195155129ISBN 10: 0195155122 Pages: 1020 Publication Date: 06 July 1995 Audience: College/higher education , Tertiary & Higher Education Format: Hardback Publisher's Status: Active Availability: To order  Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us. Table of ContentsEach sub-chapter opens with an Introduction and most close with Suggestions for Further Reading Questions for Discussion are integrated throughout 1. WHAT IS LAW? 1.1 THE THEORY OF NATURAL LAW Readings Thomas Aquinas, from Summa Theologiae John Finnis, from Natural Law and Natural Rights Lon Fuller, from The Morality of Law 1.2 LEGAL POSITIVISM Readings John Austin, from The Province of Jurisprudence Determined and the Uses of the Study of Jurisprudence H.L.A. Hart, from The Concept of Law 1.3 LEGAL REALISM AND CRITICAL LEGAL STUDIES Readings Karl Llewellyn, from The Bramble Bush, A Realistic Jurisprudence, and The Common Law Tradition Duncan Kennedy, Freedom and Constraint in Adjudication: A Critical Phenomenology 1.4 RONALD DWORKIN AND LAW AS INTEGRITY Readings Ronald Dworkin, from Taking Rights Seriously Ronald Dworkin, from Law's Empire Frederick Schauer, from Playing by the Rules 1.5 CASE STUDY: THE FUGITIVE SLAVE LAWS Readings Paul Finkelman, from Slavery in the Courtroom Excerpt from official report of the case before Chief Justice Lemuel Shaw (Massachusetts) Robert M. Cover, from Justice Accused 2. LEGAL REASONING 2.1 THE INTERPRETATION OF LEGAL TEXTS Readings and Cases Frederick Schauer, Formalism Home Building and Loan Association v. Blaisdell Raoul Berger, from Government by Judiciary Robert Bork, from The Tempting of America Paul Brest, The Misconceived Quest for the Original Understanding Ronald Dworkin, Natural Law Revisited United States v. Locke Richard A. Posner, Legal Formalism, Legal Realism, and the Interpretation of Statutes and the Constitution Bray v. Alexandria Women's Health Clinic National Organization for Women v. Scheidler 2.2 REASONING FROM PRECEDENT Readings Cass R. Sunstein, On Analogical Reasoning Larry Alexander, Constrained by Precedent Cases Donoghue v. Stevenson Planned Parenthood of Southeastern Pennsylvania v. Casey 2.3 CRITICAL PERSPECTIVES ON LEGAL REASONING Readings Jerome Frank, from Law and the Modern Mind Mark Tushnet, Following the Rules Laid Down Martha Minow and Elizabeth Spelman, In Context Richard Posner, from Economic Analysis of Law 3. THE MORAL FORCE OF LAW 3.1 IS THERE A MORAL OBLIGATION TO OBEY THE LAW? Readings John Rawls, Legal Obligation and the Duty of Fair Play A. John Simmons, The Principle of Fair Play 3.2 CIVIL DISOBEDIENCE Readings John Rawls, The Justification of Civil Disobedience Peter Singer, from Democracy and Disobedience Case Walker v. Birmingham 4. THE STRUCTURE AND CONTENT OF RIGHTS 4.1 THE STRUCTURE OF RIGHTS Readings Joel Feinberg, The Nature and Value of Rights Ronald Dworkin, Hard Cases Judith Jarvis Thomson, Some Ruminations on Rights Case Craig v. Boren 4.2 THE RIGHT TO LIBERTY Readings and Cases The Harm Principle John Stuart Mill, from On Liberty James FitzJames Stephen, from Liberty, Equality, Fraternity Offense Joel Feinberg, from Offense to Others New England Naturist Association v. Larsen Paternalism John Stuart Mill, from On Liberty Gerald Dworkin, Paternalism Moralism Patrick Devlin, from The Enforcement of Morals H.L.A. Hart, from Law, Liberty, and Morality Bowers v. Hardwick 4.3 A RIGHT TO FREE SPEECH Readings John Stuart Mill, from On Liberty Thomas Scanlon, A Theory of Freedom of Expression Frederick Schauer, from Free Speech: A Philosophical Enquiry Case Study: Pornography Definitional Preliminary Paris Adult Theatre I v. Slaton Catherine MacKinnon, Pornography, Civil Rights, and 'Speech' American Booksellers Association, Inc. v. Hudnut Ronald Dworkin, Women and Pornography Case Study: Hate Speech Collin v. Smith Richard Delgado, Campus Antiracism Rules: Constitutional Narratives in Collision Charles Lawrence, If He Hollers Let Him Go: Regulating Racist Speech on Campus Nadine Strossen, Regulating Racist Speech on Campus: A Modest Proposal? UMW Post, Inc. v. Board of Regents of University of Wisconsin 4.4 THE RIGHT TO PRIVACY Readings and Cases Griswold v. Connecticut Privacy as a Constitutional Right David A.J. Richards, Interpretation and Historiography Robert Bork, Neutral Principles and Some First Amendment Problems The Right to an Abortion Roe v. Wade John Noonan, The Root and Branch of Roe v. Wade Catharine MacKinnon, Reflections on Sex Equality Under Law Planned Parenthood of Southeastern Pennsylvania v. Casey 4.5 THE RIGHT TO RELIGIOUS FREEDOM Readings Mario Cuomo, Religious Belief and Public Morality: A Catholic Governor's Perspective John Garvey, The Pope's Submarine Cases Wallace v. Jaffree Employment Division, Oregon Department of Human Resources v. Smith 4.6 THE RIGHT TO PROPERTY Readings Jeremy Waldron, What is Private Property? Alan Ryan, Utility and Property A. John Simmons, from The Lockean Theory of Rights Case Penn Central Transportation Co. v. City of New York 5. JUSTICE AND EQUALITY 5.1 WHAT IS JUSTICE? Readings Peter Westen, The Empty Idea of Equality Anthony D'Amato, Is Equality a Totally Empty Idea? 5.2 THEORIES OF JUSTICE Readings John Stuart Mill, On the Connection between Justice and Utility John Rawls, from A Theory of Justice Robert Nozick, from Anarchy, State, and Utopia Michael Sandel, Morality and the Liberal Ideal 5.3 DISCRIMINATION Readings Joseph Tussman and Jacobus tenBroek, The Equal Protection of the Laws Owen Fiss, Groups and the Equal Protection Clause Case Brown v. Board of Education 5.4 PREFERENTIAL TREATMENT Readings Ronald Dworkin, Why Bakke Has No Case Carl Cohen, Why Racial Preference is Illegal and Immoral Cases Regents of University of California v. Bakke Metro Broadcasting, Inc. v. Federal Communications Commission et al. 5.5 EQUALITY FOR WOMEN Readings Catharine MacKinnon, Reflections on Sex Equality Under Law Richard Epstein, from Forbidden Grounds: The Case Against Employment Discrimination Laws Cases California Federal Savings and Loan v. Guerra Meritor Savings Bank v. Vinson 5.6 EQUALITY FOR HOMOSEXUALS Readings Richard Mohr, Gay Rights Ernest van den Haag, Sodom and Begorrah Case Watkins v. United States Army 5.7 OTHER KINDS OF DISCRIMINATION 6. PUNISHMENT 6.1 THE NATURE OF PUNISHMENT 6.2 THEORIES OF PUNISHMENT 6.3 UTILITARIAN THEORIES OF PUNISHMENT Readings Jeremy Bentham, from An Introduction to the Principles of Morals and Legislation John Rawls, Two Concepts of Rules 6.4 RETRIBUTIVISMS Readings Immanuel Kant, On the Right to Punish Michael Davis, Harm and Retribution 6.5 COMBINATIONS AND ALTERNATIVES 6.6 CAPITAL PUNISHMENT Readings Ernest van den Haag, The Collapse of the Case Against Capital Punishment Jeffrey Reiman, Justice, Civilization, and the Death Penalty Stephen Nathanson, Does it Matter if the Death Penalty is Arbitrarily Administered? Cases Furman v. Georgia Gregg v. Georgia McCleskey v. Kemp Herrera v. Texas 7. RESPONSIBILITY 7.1 WHAT IS RESPONSIBILITY? 7.2 LEGAL CAUSATION Reading H.L.A. Hart and Tony Honore, from Causation in the Law Case Palsgraf v. Long Island Railroad 7.3 RESPONSIBILITY FOR OMISSIONS Readings Richard Epstein, A Theory of Strict Liability Ernest Weinrib, The Case for a Duty to Rescue Case Farwell v. Keaton 7.4 MENS REA AND STRICT LIABILITY Reading Richard Wasserstrom, Strict Liability in the Criminal Law Case Tison v. Arizona Case Study: Liability for Rape Glanville Williams, Lords' Decision on the Law of Rape Susan Estrich, from Real Rape Commonwealth v. Sherry 7.5 THE INSANITY DEFENSE Readings Norval Morris, from Madness and the Criminal Law Richard Bonnie, The Moral Basis of the Insanity Defense Case Selection from the transcript of John Hinckley's trial 8. LEGAL PROCEDURE AND EVIDENCE 8.1 THE BURDEN OF PROOF Readings John Kaplan, Decision Theory and the Factfinding Process Frederick Schauer and Richard Zeckhauser, On the Degree of Confidence for Adverse Decisions Case In re Winship 8.2 PROBABILITY AND THE LAW OF EVIDENCE Readings Michael J. Saks and Robert F. Kidd, Human Information Processing and Adjudication: Trial by Heuristics Judith Jarvis Thomson, Liability and Individualized Evidence Cases Smith v. Rapid Transit, Inc. People v. Collins 8.3 CRIMINAL PROCEDURE AND THE EXCLUSIONARY RULE Readings Malcom Wilkey, The Exclusionary Rule: Costs and Viable Alternatives Stephen H. Sachs, The Exculsionary Rule: A Prosecutor's Defense Case United States v. Leon Appendix The Constitution of the United States of AmericaReviewsAuthor InformationTab Content 6Author Website:Countries AvailableAll regions |
||||
