BN.com Gift Guide

Philosophy of Law / Edition 6

Paperback (Print)
Used and New from Other Sellers
Used and New from Other Sellers
from $1.99
Usually ships in 1-2 business days
(Save 97%)
Other sellers (Paperback)
  • All (17) from $1.99   
  • New (1) from $57.38   
  • Used (16) from $1.99   
Close
Sort by
Page 1 of 1
Showing All
Note: Marketplace items are not eligible for any BN.com coupons and promotions
$57.38
Seller since 2014

Feedback rating:

(320)

Condition:

New — never opened or used in original packaging.

Like New — packaging may have been opened. A "Like New" item is suitable to give as a gift.

Very Good — may have minor signs of wear on packaging but item works perfectly and has no damage.

Good — item is in good condition but packaging may have signs of shelf wear/aging or torn packaging. All specific defects should be noted in the Comments section associated with each item.

Acceptable — item is in working order but may show signs of wear such as scratches or torn packaging. All specific defects should be noted in the Comments section associated with each item.

Used — An item that has been opened and may show signs of wear. All specific defects should be noted in the Comments section associated with each item.

Refurbished — A used item that has been renewed or updated and verified to be in proper working condition. Not necessarily completed by the original manufacturer.

New
Brand New Item.

Ships from: Chatham, NJ

Usually ships in 1-2 business days

  • Canadian
  • International
  • Standard, 48 States
  • Standard (AK, HI)
  • Express, 48 States
  • Express (AK, HI)
Page 1 of 1
Showing All
Close
Sort by

Overview

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.
Read More Show Less

Product Details

  • ISBN-13: 9780534524975
  • Publisher: Wadsworth
  • Publication date: 8/1/1999
  • Series: Philosophy Ser.
  • Edition description: Older Edition
  • Edition number: 6
  • Pages: 810

Table of Contents

Preface
Pt. 1 Law 1
Natural Law Theory 7
"Natural Law Theory" 7
"The Natural Law Theory of St. Thomas Aquinas" 19
The Challenge of Legal Positivism 33
"A Positivist Conception of Law," from The Province of Jurisprudence Determined (1832) 33
"Law as the Union of Primary and Secondary Rules," from The Concept of Law (1961) 45
"Positivism and the Separation of Law and Morals" 59
"Positivism and Fidelity to Law - A Reply to Professor Hart" 76
"Eight Ways to Fail to Make Law," from The Morality of Law (1964) 91
"Negative and Positive Positivism" 95
Law from the Perspective of the Judge 108
"The Dilemmas of Judges Who Must Interpret 'Immoral Laws'" 108
"The Model of Rules" 130
Riggs v. Palmer, Court of Appeals of New York, 1889 147
"Integrity in Law," from Law's Empire (1986) 152
"The Third Theory of Law" 167
"The Path of the Law" 174
"Legal Realism," from Law and the Modern Mind (1963) 180
"Interpretive Construction in the Substantive Criminal Law" 182
The Moral Obligation to Obey the Law 210
Crito 210
"Letter from Birmingham Jail," from Why We Can't Wait (1963) 219
"Difference Made Legal: The Court and Dr. King" 227
Pt. 2 Liberty 254
The Case for Self-Determination 259
"The Liberal Argument," from On Liberty (1859) 259
Challenges to Self-Determination 271
"Paternalism," from Morality and the Law (1971) 271
Constitutional Privacy 281
Griswold v. Connecticut, United States Supreme Court, 1965 281
Roe v. Wade, United States Supreme Court, 1973 287
Planned Parenthood of S.E. Pennsylvanis v. Casey, United States Supreme Court, 1992 291
Bowers v. Hardwick, United States Supreme Court, 1986 295
Freedom of Expression and Its Limits 306
"Limits to the Free Expression of Opinion" 306
Cohen v. California, United States Supreme Court, 1971 322
Village of Skokie v. National Socialist Party of America, Supreme Court of Illinois, 1978 326
Texas v. Johnson, United States Supreme Court, 1989 330
"Civil Rights versus Civil Liberties: The Case of Discriminatory Verbal Harassment" 339
Principles of Constitutional Interpretation 356
"The Right of Privacy: The Construction of a Constitutional Time Bomb," from The Tempting of America (1990) 356
"Discovering Fundamental Values," from Democracy and Distrust (1980) 359
"Constitutional Interpretation and Original Meaning" 374
Pt. 3 Justice 389
The Machinery of Justice: Three Sample Procedural Problems 394
"Torture and Plea Bargaining" 394
"Jury Nullification," from Conflicts of Law and Morality (1987) 404
"The Serpent Beguiled Me and I Did Eat: Entrapment and the Creation of Crime" 409
Justice and Compensation 419
"Mischief and Misfortune" 419
"Loss, Agency and Responsibility for Outcomes: Three Conceptions of Corrective Justice" 439
Justice and Contract 453
"Contract Law and Distributive Justice" 453
"Babies for Sale: Reflections on the Baby M Case" 471
"Surrogate Motherhood as Prenatal Adoption" 484
Justice, Affirmative Action and Racial Quotas 492
"Equal Treatment and Compensatory Discrimination" 492
"The Message of Affirmative Action" 499
California Constitution, Article I sec. 31 513
Inequality and Gender 514
"The Reasonable Woman" 514
State v. Rusk, Court of Appeals of Maryland, 1981 519
Regina v. Morgan, House of Lords, 1976 523
State v. Kelly, Supreme Court of New Jersey, 1984 525
Michael M. v. Superior Court of Sonoma County, United States Supreme Court, 1981 530
"Sexuality, Authenticity, and Modernity" 538
Pt. 4 Responsibility 549
Responsibility for Results 554
"The Impossibility of General Strict Liability" 554
"Causation and Responsibility," from Causation in the Law (1959) 572
"The Decline of Cause" 584
"Blame, Punishment and the Role of Result" 592
Palsgraf v. The Long Island Railroad Co., New York Court of Appeals 1928 598
Summers v. Tice, Supreme Court of California, 1948 604
Sindell v. Abbott Laboratories, Supreme Court of California, 1980 608
Responsibility for Nonintervention 623
"Notes on the Indian Penal Code," from Works of Lord Macaulay (1866) 623
"The Case for a Duty to Rescue" 625
Some Criminal Defenses 646
People v. Young, New York Court of Appeals, 1962 646
"The Case of the Speluncean Explorers" 648
"The Case of Lady Eldon's French Lace" 663
The M'Naghten Rules, House of Lords (1843) 668
The Insanity Defense, from Model Penal Code (1956) 669
State v. Guido, New Jersey Supreme Court, 1963 672
"What Is So Special About Mental Illness?" from Doing and Deserving (1970) 674
Pt. 5 Punishment 683
What Is Legal Punishment? 688
"The Expressive Function of Punishment," from Doing and Deserving (1970) 688
"Shame, Culture and American Criminal Law" 699
What, If Anything, Justifies Legal Punishment? 727
"The Classic Debate" 727
"Fantastic Counterexamples and the Utilitarian Theory," from Crime, Guilt and Punishment (1987) 732
"The Moral Worth of Retribution" 746
"The Failure of Retributivism" 769
Victims' Rights: Restitution or Vengeance? 780
"Retributivism: A Test Case for Ethical Objectivity" 780
"Getting Even: The Role of the Victim" 788
Payne v. Tennessee, United States Supreme Court, 1990 799
The Death Penalty 817
Furman v. Georgia, United States Supreme Court, 1972 817
Woodson v. North Carolina, United States Supreme Court, 1976 826
"In Defense of the Death Penalty: A Practical and Moral Analysis" 836
"Should We Execute Those Who Deserve to Die?" from An Eye for an Eye: The Morality of Punishing by Death (1987) 842
Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)