This carefully selected set of readings presents some of the most important articles in the field. The collection is essential reading for anyone with an interest in legal philosophy.
The articles in this anthology are a natural addition to the superb set of original essays in A Companion to the Philosophy of Law and Legal Theory. Taken together, these two volumes provide a compelling overview of the best work in contemporary legal theory and are essential reading for beginning law students.
About the Author
Dennis Patterson is Distinguished Professor of Law (Camden) and Philosophy (New Brunswick) at Rutgers University. He is the author of Law and Truth (1996) and editor of A Companion to Philosophy of Law and Legal Theory (Blackwell, 1996). He has been a Fellow in the Politics Department at Princeton University and a Visiting Professor at Humboldt University in Berlin and the University of Vienna.
Table of Contents
PART I. NATURE OF LAW.
1. The Path of the Law (O.W. Holmes).
2. A Realistic Jurisprudence - The Next Step (Karl Llewellyn).
3. The Model of Rules (Ronald Dworkin).
PART II. RELATION OF LAW AND MORALITY.
4. Positivism and the Separation of Law and Morals (H.L.A. Hart).
5. Positivism and Fidelity to Law: A Reply to Professor Hart (Lon L. Fuller).
6. Negative and Positive Positivism (Jules L. Coleman).
7. On the Incoherence of Legal Positivism (john Finnis).
PART III. THEORIES OF ADJUDICATION.
8. Hard Cases (Ronald Dworkin).
9. What has Pragmatism to Offer Law (Richard A. Posner).
PART IV. LEGAL INDETERMINACY.
10. Form and Substance in Private Law Adjudication (Duncan Kennedy).
11. Legal Indeterminacy (Ken Kress).
PART V. RIGHTS AND OTHER LEGAL CONCEPTS.
12. Some Fundamental Legal Conceptions as Applied in Judicial Reasoning (Wesley N. Hohfeld).
PART VI. THE AUTONOMY OF LAW AND LEGAL REASONING.
13. Legal Formalism: On the Immanent Rationality of Law (Ernest F. Weinrib).
14. Law as Interpretation (Ronald Dworkin).
15. The Problem of Social Cost (Ronald H. Coase).