Philosophy of Law / Edition 5

Philosophy of Law / Edition 5

by Joel Feinberg, Hyman Gross
     
 

ISBN-10: 0534239889

ISBN-13: 9780534239886

Pub. Date: 08/28/1994

Publisher: Wadsworth

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…  See more details below

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.

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Product Details

ISBN-13:
9780534239886
Publisher:
Wadsworth
Publication date:
08/28/1994
Edition description:
Older Edition
Pages:
756

Table of Contents

Preface
Pt. 1The Nature of Law1
Natural Law Theory8
Eight Ways to Fail to Make Law20
A Positivist Conception of Law24
A More Recent Positivist Conception of Law36
Positivism and the Separation of Law and Morals50
Positivism and Fidelity to Law - A Reply to Professor Hart67
The Model of Rules82
Riggs v. Palmer100
Legal Positivism105
The Path of the Law119
Legal Realism125
Integrity in Law127
The Case of the Speluncean Explorers142
Discovering Fundamental Values157
Constitutional Interpretation and Original Meaning172
Common-Law Courts in a Civil-Law System: The Role of United States Federal Courts in Interpreting the Constitution and Laws187
Comment196
Crito204
Letter from Birmingham Jail213
Is There a Prima Facie Obligation to Obey the Law?221
Authority236
Pt. 2Justice258
On Liberty267
Offensive Nuisances278
Paternalism293
The Nature and Value of Rights304
Conflicts of Rights313
Rethinking the Theory of Legal Rights323
Torture and Plea Bargaining333
The Serpent Beguiled Me and I Did Eat: Entrapment and the Creation of Crime343
Griswold v. Connecticut354
Roe v. Wade359
Planned Parenthood of S. E. Pennsylvania v. Casey364
Bowers v. Hardwick368
Limits to the Free Expression of Opinion379
Cohen v. California395
Village of Skokie v. National Socialist Party of America399
Texas v. Johnson403
War of Words: Critical Race Theory and the First Amendment412
Equal Treatment and Compensatory Discrimination433
The Message of Affirmative Action440
California Constitution, Article I Declaration of Rights454
The Reasonable Woman456
State v. Rusk461
Regina v. Morgan464
State v. Kelly467
Michael M. v. Superior Court of Sonoma County471
Sexuality, Authenticity, and Modernity479
Contract Law and Distributive Justice490
Paternalism, Unconscionability Doctrine, and Accommodation508
Mischief and Misfortune: Annual McGill Lecture in Jurisprudence and Public Policy526
Loss, Agency, and Responsibility for Outcomes: Three Conceptions of Corrective Justice546
Property Law560
Property Rights Theory and the Commons: The Case of Scientific Research574
Moore v. Regents of the University of California588
Pt. 3Responsibility and Punishment602
The Impossibility of General Strict Liability612
Causation and Responsibility630
The Decline of Cause642
The Punishment That Leaves Something to Chance650
Obligations and Outcomes in the Law of Torts658
Palsgraf v. The Long Island Railroad Co676
Summers v. Tice682
Sindell v. Abbott Laboratories686
Notes on the Indian Penal Code700
The Case for a Duty to Rescue702
Responsibility for Consequences724
People v. Young739
The Case of Lady Eldon's French Lace741
The House of Lords746
The American Law Institute747
State v. Guido750
What Is So Special About Mental Illness?751
The Expressive Function of Punishment761
Shame, Culture, and American Criminal Law771
The Classic Debate799
Fantastic Counterexamples and the Utilitarian Theory804
Persons and Punishment819
The Failure of Retributivism831
Getting Even: The Role of the Victim842
Furman v. Georgia854
Woodson v. North Carolina863
In Defense of the Death Penalty: A Practical and Moral Analysis873
Should We Execute Those Who Deserve to Die?879
Capital Attrition: Error Rates in Capital Cases, 1973-1995888

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