Philosophy of Law / Edition 6by Coleman Feinberg
Pub. Date: 08/01/1999
Joel Feinberg's leading anthology -- now featuring new co-author Jules Coelman -- presents legal cases and essays written by many of the best scholars in legal philosophy. Effectively invigorating traditional philosophy of law themes by relating them to the real concerns of modern society, this best-selling collection continues to grow in popularity. Feinberg and Coleman include an exceptional selection of relevant topics, a balance of substantive positions on controversial questions, and lightly edited classics.
While this Sixth Edition largely follows the Fifth in its organization -- moving from issues of law and liberty to justice, responsibility, and punishment -- there are many important enhancements:
- Nineteen of the book's 79 selections are new to this edition
- New selections include works by: Brian Bix, Jules Coleman and Arthur Ripstein, Susan Dimock, Ronald Dworkin, Joel Feinberg, Leslie Green, Mark Kelman, Anthony T. Kronman, David Luban, Toni M. Massaro, Stephen Perry, Plato, Russ Shafer-Landau, and Ernest J. Weinrib.
- Revised section introductions enrich understanding of the readings.
Table of ContentsPreface.I. LAW. Natural Law Theory. Bix: Natural Law Theory. Dimock: The Natural Law Theory of St. Thomas Aquinas. The Challenge of Legal Positivism. Austin: A Positivist Conception of Law. Hart: Law as the Union of Primary and Secondary Rules. Hart: Positivism and the Separation of Law and Morals. Fuller: Positivism and Fidelity to Law-A Reply to Professor Hart. Fuller: Eight Ways to Fail to Make Law. Coleman: Negative and Positive Positivism. Law From the Perspective of the Judge. Feinberg: The Dilemmas of Judges Who Must Interpret ''Immoral Laws''. Dworkin: The Model of Rules. Riggs v. Palmer, Court of Appeals of New York, 1889. Dworkin: Integrity in Law. Mackie: The Third Theory of Law. Holmes: The Path of the Law. Frank: Legal Realism from Law and the Modern Mind. Kelman: Interpretive Construction in the Substantive Criminal Law. The Moral Obligation to Obey the Law. Plato: The Crito. King: Letter From a Birmingham Jail from Why We Can't Wait. Luban: Difference Made Legal: The Court and Dr. King.II. LIBERTY. The Case for Self-Determination. Mill: The Liberal Argument from On Liberty. Challenges to Self-Determination. Dworkin: Paternalism from Morality and the Law. Constitutional Privacy. Griswold v. Connecticut, United States Supreme Court, 1965. Roe v. Wade, United States Supreme Court, 1973. Planned Parenthood of S.E. Pennsylvania v. Casey, United States Supreme Court, 1992. Bowers v. Hardwick, United States Supreme Court, 1986. Freedom of Expression and Its Limits. Feinberg: Limits to the Free Expression of Opinion. Cohen v. California, United States Supreme Court, 1971. Village of Skokie v.National Socialist Party of America, Supreme Court of Illinois, 1978. Texas v. Johnson, United States Supreme Court, 1989. Grey: Civil Rights v. Civil Liberties: The Case of Discriminatory Verbal Harassment. Principles of Constitutional Interpretation. Bork: The Right of Privacy: The Construction of a Constitutional Time Bomb from The Tempting of America. Ely: Discovering Fundamental Values from Democracy and Distrust. Lyons: Constitutional Interpretation and Original Meaning.III. JUSTICE. The Machinery of Justice: Three Sample Procedural Problems. Langbein: Torture and Plea Bargaining. Greenawalt: Jury Nullification. Dworkin: The Serpent Beguiled Me and I Did Eat: Entrapment and the Creation of Crime. Justice and Compensation. Coleman/Ripstein: Mischief and Misfortune. Perry: Loss, Agency and Responsibility for Outcomes: Three Conceptions of Corrective Justice. Justice and Contract. Kronman: Contract Law and Distributive Justice. Fox: Babies for Sale: Reflections on the Baby M Case. Steinbock: Surrogate Motherhood as Prenatal Adoption. Justice, Affirmative Action, and Racial Quotas. Nagel: Equal Treatment and Compensatory Discrimination. Hill: The Message of Affirmative Action. California Constitution, Article I sec. 31. Inequality and Gender. Scheppele: The Reasonable Woman. State v. Rusk, Court of Appeals of Maryland, 1981. State v. Kelly, Supreme Court of New Jersey, 1984. Michael M. v. Superior Court of Sonoma County, United States Supreme Court, 1981. Green: Sexuality, Authenticity, and Modernity.IV. RESPONSIBILITY. Responsibility for Results. Perry: The Impossibility of General Strict Liability. Hart/Honoré: Causation and Responsibility. Thomson: The Decline of Cause. Parker: Blame, Punishment, and the Role of Result. Palsgraf v. The Long Island Railroad Co., New York Court of Appeals, 1928. Summers v. Tice, Supreme Court of California, 1948. Sindell v. Abbott Laboratories, Supreme Court of California, 1980. Responsibility for Nonintervention. Macaulay: Notes on the Indian Penal Code. Weinrib: The Case for a Duty to Rescue. Some Criminal Defenses. People v. Young, New York Court of Appeals, 1962. Fuller: The Case of the Speluncean Explorers. Kadish/Schulhofer: The Case of Lady Eldon's French Lace. The McNaghten Rules, House of Lords, 1843. The Insanity Defense, The American Law Institute. State v. Guido, Supreme Court, 1963. Feinberg: What Is So Special About Mental Illness.V. PUNISHMENT. What Is Legal Punishment? Feinberg: The Expressive Function of Punishment. Massaro: Shame, Culture, and American Criminal Law. What, If Anything, Justifies Legal Punishment. Feinberg: The Classic Debate. Ten: Fantastic Counterexamples and the Utilitarian Theory by. Moore: The Moral Worth of Retribution. Shafer-Landau: The Failure of Retributivism. Victims' Rights: Restitution or Vengeance? Mackie: Retributivism: A Test Case for Ethical Objectivity. Murphy: Getting Even: The Role of the Victim. Payne v. Tennessee, United States Supreme Court, 1990. The Death Penalty. Furman v. Georgia United States Supreme Court, 1972. Woodson v. North Carolina, United States Supreme Court, 1976. Van den Haag: In Defense of the Death Penalty: A Practical and Moral Analysis. Nathanson: Should We Execute Those Who Deserve to Die?
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