Law and Morality: Readings in Legal Philosophy / Edition 2

Law and Morality: Readings in Legal Philosophy / Edition 2

by David Dyzenhaus, Arthur Ripstein
     
 

ISBN-10: 0802084478

ISBN-13: 9780802084477

Pub. Date: 09/01/2001

Publisher: University of Toronto Press, Scholarly Publishing Division

This anthology contains articles, readings, and cases in legal philosophy that give students the conceptual tools to consider the general problems of jurisprudence. The collection begins with general questions about morality and law, drawing on both traditional literature on legal positivism and contemporary debates about the role of law in the pursuit of equality. It…  See more details below

Overview

This anthology contains articles, readings, and cases in legal philosophy that give students the conceptual tools to consider the general problems of jurisprudence. The collection begins with general questions about morality and law, drawing on both traditional literature on legal positivism and contemporary debates about the role of law in the pursuit of equality. It explores the tensions between law as a protector of individual liberty and as a tool of democratic self-rule. The second section deals with these philosophical questions as they apply to contemporary issues. Included is an extensive sampling of feminist writings that have influenced legal theory and Canadian law. Transcripts of judicial decisions are presented to give students a sense of the complexity of legal reasoning.

Annotation © Book News, Inc., Portland, OR

Product Details

ISBN-13:
9780802084477
Publisher:
University of Toronto Press, Scholarly Publishing Division
Publication date:
09/01/2001
Series:
Toronto Studies in Philosophy Series
Edition description:
Second edition
Pages:
780
Product dimensions:
6.19(w) x 9.05(h) x 2.23(d)

Table of Contents

Preface to the Second Edition
Preface to the First Edition
Ch. 1Positivism, Legal Ordering, and Morality3
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 14781
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. 2Adjudication140
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 779173
"Natural Law and Legal Reasoning" (1994)200
Ch. 3Feminist Approaches to the Rule of Law218
"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) 97244
Ch. 4Law and Values; Liberty, Democracy, and the Rule of Law259
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 1368
"Democracy and the Rule of Law" (1994)380
Ch. 5Defining Family411
Canada (Attorney General) v Mossop [1993] 1 SCR 554412
Egan v Canada: [1995] 2 SCR 513426
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 493477
"Law, Morality, and 'Sexual Orientation'" (1994)497
Ch. 6Civil Disobedience520
"Civil Disobedience" (1971)521
"Civil Disobedience" (1979)542
Ch. 7The Limits of the Legal Order561
"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 217605
"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. 8Speech, Hate Propaganda, and Pornography746
"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 697793
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 452852
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 69942
Ch. 9Abortion952
"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 30998
"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 SCR1028
App. 1The Canada Act and the Canadian Charter of Rights and Freedoms1039
App. 2An Overview of the Canadian Legal System: Division of Powers and Essentials of Procedure1047
App. 3Glossary of Legal and Philosophical Terms1052
Sources and Credits1057

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