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Philosophy of Law / Edition 4

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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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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: 9780534151560
  • Publisher: Wadsworth
  • Publication date: 12/28/1990
  • Edition description: 4th ed
  • Edition number: 4
  • Pages: 788

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

Preface
Pt. 1 The Nature of Law 1
Natural Law Theory 8
Eight Ways to Fail to Make Law 20
A Positivist Conception of Law 24
A More Recent Positivist Conception of Law 36
Positivism and the Separation of Law and Morals 50
Positivism and Fidelity to Law - A Reply to Professor Hart 67
The Model of Rules 82
Riggs v. Palmer 100
Legal Positivism 105
The Path of the Law 119
Legal Realism 125
Integrity in Law 127
The Case of the Speluncean Explorers 142
Discovering Fundamental Values 157
Constitutional Interpretation and Original Meaning 172
Common-Law Courts in a Civil-Law System: The Role of United States Federal Courts in Interpreting the Constitution and Laws 187
Comment 196
Crito 204
Letter from Birmingham Jail 213
Is There a Prima Facie Obligation to Obey the Law? 221
Authority 236
Pt. 2 Justice 258
On Liberty 267
Offensive Nuisances 278
Paternalism 293
The Nature and Value of Rights 304
Conflicts of Rights 313
Rethinking the Theory of Legal Rights 323
Torture and Plea Bargaining 333
The Serpent Beguiled Me and I Did Eat: Entrapment and the Creation of Crime 343
Griswold v. Connecticut 354
Roe v. Wade 359
Planned Parenthood of S. E. Pennsylvania v. Casey 364
Bowers v. Hardwick 368
Limits to the Free Expression of Opinion 379
Cohen v. California 395
Village of Skokie v. National Socialist Party of America 399
Texas v. Johnson 403
War of Words: Critical Race Theory and the First Amendment 412
Equal Treatment and Compensatory Discrimination 433
The Message of Affirmative Action 440
California Constitution, Article I Declaration of Rights 454
The Reasonable Woman 456
State v. Rusk 461
Regina v. Morgan 464
State v. Kelly 467
Michael M. v. Superior Court of Sonoma County 471
Sexuality, Authenticity, and Modernity 479
Contract Law and Distributive Justice 490
Paternalism, Unconscionability Doctrine, and Accommodation 508
Mischief and Misfortune: Annual McGill Lecture in Jurisprudence and Public Policy 526
Loss, Agency, and Responsibility for Outcomes: Three Conceptions of Corrective Justice 546
Property Law 560
Property Rights Theory and the Commons: The Case of Scientific Research 574
Moore v. Regents of the University of California 588
Pt. 3 Responsibility and Punishment 602
The Impossibility of General Strict Liability 612
Causation and Responsibility 630
The Decline of Cause 642
The Punishment That Leaves Something to Chance 650
Obligations and Outcomes in the Law of Torts 658
Palsgraf v. The Long Island Railroad Co 676
Summers v. Tice 682
Sindell v. Abbott Laboratories 686
Notes on the Indian Penal Code 700
The Case for a Duty to Rescue 702
Responsibility for Consequences 724
People v. Young 739
The Case of Lady Eldon's French Lace 741
The House of Lords 746
The American Law Institute 747
State v. Guido 750
What Is So Special About Mental Illness? 751
The Expressive Function of Punishment 761
Shame, Culture, and American Criminal Law 771
The Classic Debate 799
Fantastic Counterexamples and the Utilitarian Theory 804
Persons and Punishment 819
The Failure of Retributivism 831
Getting Even: The Role of the Victim 842
Furman v. Georgia 854
Woodson v. North Carolina 863
In Defense of the Death Penalty: A Practical and Moral Analysis 873
Should We Execute Those Who Deserve to Die? 879
Capital Attrition: Error Rates in Capital Cases, 1973-1995 888
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