Law and Morality: Readings in Legal Philosophy

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Since its first publication in 1996, Law and Morality has filled a long-standing need for a contemporary Canadian textbook in the philosophy of law. Now in its third edition, this anthology has been thoroughly revised and updated, and includes new chapters on equality, judicial review, and terrorism and the rule of law.

The volume begins with essays that explore general questions about morality and law, surveying the traditional literature on legal positivism and contemporary debates about the connection between law and morality. These essays explore the tensions between law as a protector of individual liberty and as a tool of democratic self-rule, and introduce debates about adjudication and the contribution of feminist approaches to the philosophy of law. New material on the Chinese Canadian head tax case is also featured. The second part of Law and Morality deals with philosophical questions as they apply to contemporary issues. Excerpts from judicial decisions as well as essays by practicing lawyers are included to provide theoretically informed legal analyses of the issues.

Striking a balance between practical and more analytic, philosophical approaches, the volume's treatment of the philosophy of law as a branch of political philosophy enables students to understand law in its function as a social institution. Law and Morality has proved to be an essential text in both departments of philosophy and faculties of law and this latest edition brings the debates fully up to date, filling gaps in the previous editions and adding to the array of contemporary issues previously covered.

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Editorial Reviews

Michelle Owen

'A comprehensive anthology which will be a valuable resource in the classroom and beyond.'

William H. Hughes

'It covers the basic philosophical materials that most Canadian instructors are likely to want ot cover as well as including cases and materials dealing with several mportant and controversial issues in Canadian Jurisprudence and social policy.'

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Product Details

Meet the Author

David Dyzenhaus is a professor in the Faculty of Law and the Department of Philosophy at the University of Toronto.

Sophia Reibetanz Moreau is an assistant professor in the Faculty of Law and the Department of Philosophy at the University of Toronto.

Arthur Ripstein is a professor in the Faculty of Law and the Department of Philosophy at the University of Toronto.

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Table of Contents

Preface to the Second Edition
Preface to the First Edition
Ch. 1 Positivism, Legal Ordering, and Morality 3
Leviathan (1651) 6
"Positivism and the Separation of Law and Morals" (1958) 43
The Concept of Law (1961) 68
Whitely v Chapel: (1868) LR 4 QB 147 81
The Morality of Law (1969) 83
"Law's Ambitions for Itself" (1985) 105
Law's Empire (1986) 119
"Following the Rules Laid Down: A Critique of Interpretism and Neutral Principles" (1983) 123
Riggs v Palmer (1889) 134
Ch. 2 Adjudication 140
Billy Budd, Sailor (1929) 140
"Of Creon and Captain Vere" (1976) 148
Commonwealth v Aves: 35 Mass. 193 (1836) 155
Sims's Case: 7 Cush. 285 (1851) 158
"Judging the Fugitive Slave Acts" (1991) 167
Kindler v Canada (Minister of Justice): [1991] 2 SCR 779 173
"Natural Law and Legal Reasoning" (1994) 200
Ch. 3 Feminist Approaches to the Rule of Law 218
"The Liberal State" (1989) 218
"Foreword [to The Supreme Court 1986 Term]: Justice Engendered" (1987) 231
The Alchemy of Race and Rights (1991) 242
Lavallee v The Queen: (1990) 55 CCC (3d) 97 244
Ch. 4 Law and Values; Liberty, Democracy, and the Rule of Law 259
On Liberty (1859) 260
"What's Wrong with Negative Liberty" (1985) 280
"The Rule of Law and Its Virtue" (1979) 290
"Morals and the Criminal Law" (1965) 308
"Liberty and Moralism" (1977) 332
"Democracy and the Rule of Law" (1987) 340
Hofer v Hofer: (1970) 13 DLR 3d 1 368
"Democracy and the Rule of Law" (1994) 380
Ch. 5 Defining Family 411
Canada (Attorney General) v Mossop [1993] 1 SCR 554 412
Egan v Canada: [1995] 2 SCR 513 426
Bowers v Hardwick: 478 U.S. (1986) 436
Michael H. v Gerald D.: 491 U.S. 110 (1989) 439
"Defining Family in Mossop v DSS: The Challenge of Anti-Essentialism and Interactive Discrimination for Human Rights Litigation" (1994) 446
Vriend v Alberta: [1998] 1 SCR 493 477
"Law, Morality, and 'Sexual Orientation'" (1994) 497
Ch. 6 Civil Disobedience 520
"Civil Disobedience" (1971) 521
"Civil Disobedience" (1979) 542
Ch. 7 The Limits of the Legal Order 561
"Speech from the Dock" (1962) 561
"Taking the Law into Our Own Hands: Kant on the Right to Revolution" (1997) 569
Reference re Secession of Quebec: [1998] 2 SCR 217 605
"Constitutional Theory and the Quebec Secession Reference" (2000) 634
"Frozen Rights in Canada: Constitutional Interpretation and the Trickster" (1998) 672
Indigenous Difference and the Constitution of Canada (2000) 706
Ch. 8 Speech, Hate Propaganda, and Pornography 746
"Pornography and the Criminal Law" (1979) 746
"A Theory of Freedom of Expression" (1972) 752
"Talking about Hate Speech: A Rhetorical Analysis of American and Canadian Approaches to the Regulation of Hate Speech" (1994) 771
R v Keegstra: [1990] 3 SCR 697 793
RAV v City of St. Paul: 112 S Ct 2538 (1992) 833
American Booksellers v Hudnut: 771 F. 2d 323 (7th Cir. 1985) 846
R v Butler: [1992] 1 SCR 452 852
Only Words (1993) 876
"Two Concepts of Liberty" (1991) 887
Bad Attitude/s on Trial: Pornography, Feminism, and the Butler Decision (1997) 897
Little Sisters Book and Art Emporium v Canada (Minister of Justice) 2000 SCC 69 942
Ch. 9 Abortion 952
"A Defence of Abortion" (1971) 952
"The Rights and Wrongs of Abortion: A Reply to Judith Jarvis Thomson" (1973) 970
Morgentaler, Smolling and Scott v The Queen: [1988] 1 SCR 30 998
"The Morgentaler Judgment: Constitutional Rights, Legislative Intention, and Institutional Design" (1992) 1017
Winnipeg Child and Family Services (Northwest Area) v D. F. G. [1997] 3 SCR 1028
App. 1 The Canada Act and the Canadian Charter of Rights and Freedoms 1039
App. 2 An Overview of the Canadian Legal System: Division of Powers and Essentials of Procedure 1047
App. 3 Glossary of Legal and Philosophical Terms 1052
Sources and Credits 1057
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