Law and Morality: Readings in Legal Philosophy / Edition 1

Law and Morality: Readings in Legal Philosophy / Edition 1

by David Dyzenhaus
     
 

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ISBN-10: 0802094899

ISBN-13: 9780802094896

Pub. Date: 05/26/2007

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

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.

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Product Details

ISBN-13:
9780802094896
Publisher:
University of Toronto Press, Scholarly Publishing Division
Publication date:
05/26/2007
Series:
Toronto Studies in Philosophy Series
Edition description:
Third Edition
Pages:
1072
Product dimensions:
6.00(w) x 9.00(h) x 2.20(d)

Table of Contents

PREFACE TO THE THIRD EDITION

PREFACE TO THE SECOND EDITION

PREFACE TO THE FIRST EDITION

PART ONE: MORALITY AND THE RULE OF LAW

Chapter 1: Positivism, Legal Order, and Morality

THOMAS HOBBES Leviathan (1651)

H.L.A. HART .Positivism and the Separation of Law and Morals. (1958)

H.L.A. HART The Concept of Law (1961)

Whitely v. Chapel (1868) LR 4 QB 147

LON L. FULLER .Positivism and Fidelity to Law - A Reply to Professor Hart. (1958)

RONALD DWORKIN .Law's Ambitions for Itself. (1985)

RONALD DWORKIN Law's Empire (1986)

GUSTAV RADBRUCH .Statutory Lawlessness and Supra-Statutory Law. (1946)

Riggs v. Palmer 22 N.E. 188 (1889)

TONY HONORÉ .The Necessary Connection between Law and Morality. (2002)

The Queen v. Dudley and Stephens (1884) 14 QBC 273

Harvard College v. Canada (Commissioner of Patents) [2002] 4 SCR 45

Chapter 2: Adjudication

HERMAN MELVILLE Billy Budd, Sailor (1929)

ROBERT COVER .Of Creon and Captain Vere. (1976)

Commonwealth v. Aves 35 Mass. 193 (1836)

Sims's Case (1851) 7 Cush. 285

ANTHONY SEBOK .Judging the Fugitive Slave Acts. (1991)

The Chinese Head Tax Case (2002)

Mack v. Attorney General of Canada (2002)

MAYO MORAN .Time, Place, and Values: Mack and the Influence of the Charter on Private Law. (2005)

Chapter 3: Feminist Approaches to the Rule of Law

CATHARINE A. MACKINNON .The Liberal State. (1989)

KATHLEEN A. KENEALY .Sexual Harassment and the Reasonable Woman Standard. (1992)

Ellison v. Brady 924 F.2d 872 (U.S.A. 9th Circuit, 1991)

R. v. S (RD), [1997] 3 SCR 484

Lavallee v. The Queen (1990) 55 CCC (3d) 97

Chapter 4: Law and Values: Liberty, Democracy, and the Rule of Law

JOHN STUART MILL On Liberty (1859)

R. v. Malmo-Levine; R. v. Caine [2003] 3 SCR 571

R. v. Labaye [2005] 3 SCR 728, 2005 SCC 80

ISAIAH BERLIN .Two Concepts of Liberty. (1969)

CHARLES TAYLOR .What's Wrong with Negative Liberty. (1985)

PATRICK DEVLIN .Morals and the Criminal Law. (1965)

RONALD DWORKIN .Liberty and Moralism. (1977)

Hofer v. Hofer (1970) 13 DLR 3d 1

JEAN HAMPTON .Democracy and the Rule of Law. (1994)

PART TWO: SOME CONTEMPORARY ISSUES

Chapter 5: Equality

CHARLES TAYLOR Multiculturalism and the Politics of Recognition (1992)

Halpern v. Canada (Attorney General) [2003] OJ no. 2268

Reference Re Same Sex Marriage [2004] 3 SCR 698

NITYA IYER .Categorical Denials: Equality Rights and the Shaping of Social Identity. (1993-4)

Egan v. Canada [1995] 2 SCR 513

Bowers v. Hardwick 478 U.S. 186 (1986)

Lawrence v. Texas 539 U.S. 558 (2003)

Vriend v. Alberta [1998] 1 SCR 493

Chapter 6: Judicial Review

WIL WALUCHOW .Constitutions as Living Trees: An Idiot Defends. (2005)

KENT ROACH .Dialogic Judicial Review and Its Critics. (2005)

MARK TUSHNET .Weak-Form Judicial Review: Its Implications for Legislatures. (2005)

Reference re Secession of Quebec [1998] 2 SCR 217

Chapter 7: Terrorism, States of Emergency, and the Rule of Law

DAVID COLE .Judging the Next Emergency: Judicial Review and Individual Rights in Times of Crisis. (2002)

Public Commission Against Torture in Israel v. Government of Israel (1999)

Hamdi v. Rumsfeld (2004)

A and others v. Secretary of State for the Home Department [2005] 2 AC 68

.Authorization to shoot down aircraft in the Aviation Security Act void. (2006)

Chapter 8: Speech, Hate Propaganda, and Pornography

JOEL FEINBERG .Pornography and the Criminal Law. (1979)

T.M. SCANLON .A Theory of Freedom of Expression. (1972)

R. v. Keegstra [1990] 3 SCR 697

R.A.V. v. City of St Paul 112 S.Ct. 2538 (1992)

Virginia v. Black 538 U.S. 343 (2003)

American Booksellers v. Hudnut 771 F.2d 323 (7th Cir. 1985)

SEANA VALENTINE SHIFFRIN .Speech, Death, and Double Effect. (2003)

R. v. Butler [1992] 1 SCR 452

CATHARINE A. MACKINNON Only Words (1993)

RONALD DWORKIN .Two Concepts of Liberty. (1991)

BRENDA COSSMAN Bad Attitude/s on Trial: Pornography, Feminism, and the Butler Decision (1997)

Little Sisters Book and Art Emporium v. Canada (Minister of Justice) 2000 SCC 69

L.W. SUMNER The Hateful and the Obscene (2004) 1024

Appendixes

1 The Canada Act and the Canadian Charter of Rights and Freedoms

2 An Overview of the Canadian Legal System: Division of Powers and Essentials of Procedure

3 Glossary of Legal and Philosophical Terms

SOURCES AND CREDITS

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