Philosophy of Law / Edition 6

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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.
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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

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
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