Philosophy of Law / Edition 9

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This leading anthology contains essays and cases written by some of the most influential figures in legal philosophy, representing the major theoretical positions in the field. Its primary focus is to relate traditional themes of legal philosophy to the concerns of modern society in a way that invigorates the former and illuminates the latter. This classic text is distinguished by its clarity and accessibility, balance of topics, balance of positions on controversial questions, topical relevance, imaginative use of cases and stories, and the inclusion of only lightly edited or untouched legal classics. This revision is distinguished by its inclusion of new material on law and economics, international law, distributive justice, religion and freedom of expression, feminist legal theory, and critical race theory, as well as a greater emphasis on concrete legal problems.

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Editorial Reviews

From the Publisher
"This is an excellent anthology in philosophy of law, comprehensive and balanced. The inclusion of several foundational historical texts along with contemporary analyses is particularly useful in demonstrating the development and enduring significance of the central issues in jurisprudence."

"It offers a good selection of articles and cases, with topics ranging from analytical legal theory to the philosophical foundations of doctrinal topics to controversial current topics."

"A comprehensive text with all the major readings you need."

"A comprehensive reader that includes classic and contemporary readings on philosophical legal theory and practice, including important and instructive case studies."

"An outstanding text for anyone hoping to cover all core issues in legal philosophy in one book."

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Product Details

  • ISBN-13: 9781133942962
  • Publisher: Cengage Learning
  • Publication date: 1/1/2013
  • Edition description: New Edition
  • Edition number: 9
  • Pages: 1056
  • Sales rank: 378,067
  • Product dimensions: 7.20 (w) x 9.10 (h) x 1.60 (d)

Meet the Author

Joel Feinberg (Professor Emeritus, late of University of Arizona) was widely recognized as one of America's leading political and social philosophers. Acclaimed both for his ground-breaking scholarship and his exemplary teaching skills, Feinberg published widely on topics such as individual rights, legal theory, capital punishment, the treatment of the mentally ill, civil disobedience, and environmental ethics. Before joining the University of Arizona faculty, he taught at Brown, Princeton, and Rockefeller universities. Feinberg was awarded a Fulbright Scholarship in 1987-88 to work in Japan and served as chairman of the National Board of Officers in the American Philosophical Association in the mid-1980s. Some of the royalties from Reason and Responsibility have been used to establish the Regents Professor Joel Feinberg Dissertation Fellowship in Philosophy at the University of Arizona.

Jules Coleman is a Senor Vice Provost at New York University focusing on the Global Network University. He also maintains a faculty appointment as Professor of Philosophy, NYU-Abu Dhabi as well as academic affiliations with the Philosophy Department and the Clive Davis Program in Recorded Music of the Tisch School of the Arts in New York. Prior to taking up his current administrative post, Coleman taught law and philosophy at Yale, philosophy at Arizona and at Wisconsin-Milwaukee. He has taught and lectured throughout the world and many of his books and essays have been translated into numerous languages. His research has focused primarily on fundamental questions in jurisprudence and on the place of responsibility in law, morality, and political theory. His contributions to these fields have been celebrated in several international conferences and in the many honors and fellowships he has received. For reasons known only to him he is proudest of his essay, "Hail Hail Rock 'n Roll," and of his short essays on the place of rock music in popular culture more generally. To a thankfully small group of audiophiles, he is best known as a reviewer of high end audio equipment, with emphasis on turntables, low powered tube amplification and horn loaded loudspeakers.

Christopher Kutz is Professor of Law in the Jurisprudence & Social Policy Program at the University of California-Berkeley's School of Law; he has also taught at Columbia and Stanford Law Schools, and Sciences-Politiques, Paris. Kutz's work focuses on moral, political, and legal philosophy, and he has particular interest in the foundations of criminal, international and constitutional law. His book, _Complicity: Ethics and Law for a Collective Age, (Cambridge University Press, 2000), addressed the question of individual moral and legal responsibility for harms brought about through collective and corporate activity. His current work centers on democratic theory, the law of war, the metaphysics of criminal law, and the nature of political legitimacy. He teaches courses in criminal law, and moral, political and legal philosophy.

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Table of Contents

1. THE RULE OF LAW AND ITS VALUE. Lon Fuller, "Eight Ways to Fail to Make Law." Jeremy Waldron, "The Rule of Law." H. L. A. Hart, "The Minimal Moral Content of Law." Thomas Aquinas, "Selections from On Law, Morality, and Politics." John Finnis, "Natural Law and Natural Rights." 2. NATURAL LAW THEORY. Jeremy Bentham, "Of Laws in General." Lon Fuller, "The Case of the Speluncean Explorers." 3. POSITIVISM AND THE SOCIAL SOURCE OF LAW. John Austin, "A Positivist Conception of Law." H. L. A. Hart, "Law as the Union of Primary and Secondary Rules." Ronald Dworkin, "The Model of Rules I." Jules Coleman, "Negative and Positive Positivism." 4. LEGAL REALISM. Oliver Wendell Holmes, "The Path of the Law." Jerome Frank, "Legal Realism." Karl N. Llewellyn, "Ships and Shoes and Sealing Wax." 5. LEGAL INTERPRETATION. Ronald Dworkin, "Integrity in Law." Antonin Scalia, "Common-Law Courts in a Civil Law System." Ronald Dworkin "Comment." 6. CRITICAL APPROACHES TO LAW. Robert Gordon, "Critical Legal Histories." Robin West, "From Choice to Reproductive Justice." Cheryl Harris, "Whiteness as Property." 7. IS THERE AN OBLIGATION TO OBEY THE LAW? Plato, from "Crito." Martin Luther King, Jr., "Letter from Birmingham Jail." M. B. E. Smith, "Is there a prima facie Obligation to Obey the Law?" 8. INTERNATIONAL LAW AND HUMAN RIGHTS. Allen Buchanan, "The Legitimacy of International Law." Oona Hathaway and Scott Shapiro, "Outcasting and Enforcement in International Law." James W. Nickel, "Human Rights and the Challenge of Diversity." Alan Dershowitz, "Should the Ticking Bomb Terrorist Be Tortured?" Jeremy Waldron, "Torture and Positive Law: Jurisprudence for the White House?" 9. CONSTITUTIONALISM. Alexander Hamilton et al., "The Federalist Papers 48 and 51." Stephen Holmes, "Precommitment and the Paradox of Democracy." Joseph Raz, "On the Authority and Interpretation of Constitutions." 10. WHAT ARE RIGHTS? Joel Feinberg, "The Nature and Value of Rights." H. L. A. Hart, "Are There Any Natural Rights?" Jeremy Waldron, "A Right to do Wrong?" 11. LAW AND LIBERTY. J. S. Mill, "The Liberal Argument" from "On Liberty." Gerald Dworkin, "Paternalism." Patrick Devlin, "The Enforcement of Morals." H. L. A. Hart, "Immorality and Treason." 12. THE LIMITS OF FREEDOM OF EXPRESSION. Joel Feinberg, "Offensive Nuisances." Robert Post, "Religion and Freedom of Speech: Portraits of Muhammad." "Danish Cartoons." Tim Scanlon, "Freedom of Expression and Categories of Expression." 13. DISTRIBUTIVE JUSTICE AND MATERIAL EQUALITY. John Rawls, "Justice as Fairness: Political not Metaphysical." Harry Frankfurt, "Equality as a Moral Ideal." Elizabeth Anderson, "What is the point of equality?" Robert Nozick, from "Anarchy, State, and Utopia." 14. LAW AND SEXUAL EQUALITY. Leslie Green, "Sex-Neutral Marriage." Robert George, "Public Reason and Political Conflict: Abortion and Homosexuality." SCOTUS, "Griswold v. Connecticut." SCOTUS, "Roe v. Wade." Supreme Judicial Court, "Goodridge v. Dept. of Public Health." SCOTUS, "Bowers v. Hardwick." SCOTUS, "Lawrence v. Texas." 15. LAW AND ECONOMICS. Kaplow and Shavell, "Fairness vs. Welfare." Jules Coleman, "Review of Kaplow and Shavell." 16. RESPONSIBILITY. Joel Feinberg, "Action and Responsibility." Thomas Nagel, "Moral Luck." Christopher Kutz, "Responsibility." 17. THE PHILOSOPHY OF CRIMINAL LAW. Cesare Beccaria, from "Of Crimes and Punishments." Immanuel Kant, "Metaphysical Principles of Justice." Antony Duff, "Responsibility, Restoration, and Retribution." Herbert Morris, "Persons and Punishment." Murphy and Hampton, "Forgiveness and Mercy." Stephen Nathanson, "Should We Execute Those Who Deserve to Die?" Gideon Yaffe, "Attempts." Alison Macintyre. "Guilty Bystanders: On the Legitimacy of Duty to Rescue Statutes." The House of Lords, "The M'Naghten Rules." The American Law Institute, "The Insanity Defense." Stephen Morse, "Insanity and Neuroscience." 18. THE PHILOSOPHY OF PRIVATE LAW. John Locke, from "Of Property." David Hume, from "Treatise on Human Nature." Jeremy Waldron, "Two Worries About Mixing One's Labour." A. M. Honore, "Ownership." Charles Fried, from "Contract as Promise." Anthony Kronman, "Specific Performance." Seana Shiffrin, "The Divergence of Contract and Promise." Oliver Wendell Holmes, "On the Objective Standard of Reasonable Man" from "The Common Law." Jules Coleman, "Doing Away with Tort Law." Jules Coleman, "Corrective Justice and Wrongful Gain."

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