Philosophy of Law / Edition 4by Joel Feinberg
Pub. Date: 12/28/1990
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.
- Publication date:
- Edition description:
- 4th ed
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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