Classic readings and cases in philosophy of law

著者

    • Dimock, Susan

書誌事項

Classic readings and cases in philosophy of law

edited by Susan Dimock

Pearson Longman, c2007

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内容説明・目次

内容説明

With over sixty cases as support, Classic Readings and Cases in the Philosophy of Law presents the philosophy of law as a perpetual series of debates with overlapping lines and cross connections. Exploring the relation of law to morality, liberty, disobedience, and punishment, this book delves into many social and political issues of pressing importance in contemporary society. The extensive anthology of cases covers the mundane to the grandest of constitutional issues, including controversial topics like ownership of genetic material, capital punishment, and gay rights. With its brief introductions to readings and cases and extensive study questions, this book encourages readers to think critically and philosophically.

目次

Contents Preface Introduction PART 1: WHAT IS LAW? Chapter 1: Traditional Natural Law Theory: Law for the Common Good St. Thomas Aquinas, Law for the Common Good Chapter 2: Legal Positivism I: Law as Command John Austin, The Command Theory of Law Chapter 3: American Legal Realism: Law as Judicial Pronouncement Oliver Wendell Holmes, Law as Systematized Prediction of What the Courts Will Do Jerome Frank, Law as the Product of Court Decisions Chapter 4: Legal Positivism II: Law as the Union of Primary and Secondary Rules H.L.A. Hart, Law as the Union of Primary and Secondary Rules Chapter 5: Law and Economics: Law as Efficiency Susan Dimock, Law and Economics Chapter 6: Feminist Jurisprudence: Law as a Patriarchal Institution Patricia Smith, Law as a Patriarchal Institution Catharine A. MacKinnon, Law as Male Power Additional Readings Cases for Discussion Palsgraf v. Long Island Rail Road Co. Lynch v. Fisher Hammontree v. Jenner Stewart v. Dutra Construction Co. Stockberger V. United States McFall v. Shimp Farwell v. Keaton Berman v. Allan Sindell v. Abbott Laboratories Moore v. Regents of the University of California Kowalski v. Tesmer Penn Central Transportation Co. v. New York City Kelo v. City of New London PART 2: THE SEPARATION THESIS, LEGAL REASONING AND LEGAL INDETERMINACY: H.L.A. Hart and His Critics Chapter 7: The Separation of Law and Morality H.L.A. Hart, Positivism and the Separation of Law and Morals Chapter 8: The Morality of Law Lon L. Fuller, Positivism and Fidelity to Law-A Reply to Professor Hart The Morality that Makes Law Possible Chapter 9: Law as a System of Rights Ronald Dworkin, Rules, Principles, and Rights Hard Cases Integrity in Law Chapter 10: Hart's Response to Dworkin H.L.A. Hart, Defending Legal Positivism Chapter 11: Law as an Indeterminate Patchwork of Irreconcilable Ideologies Andrew Altman, Legal Realism, Critical Legal Studies, and Dworkin Critical Legal Studies and the Rule of Law Additional Readings Cases for Discussion Riggs v. Palmer State of Maryland v. Rusk Raich v. Ashcroft Small v. United States Korematsu v. United States Plessey v. Ferguson Brown v. Board of Education United States v. Virginia Hopwood v. Texas Grutter v. Bollinger Michael M. v. Sonoma County Personnel Administrator of Massachusetts v. Feeney Afroyim v. Rusk PART 3: CIVIL DISOBEDIENCE AND THE OBLIGATION TO OBEY LAW Chapter 12: The Duty to Oppose Injustice Martin Luther King, Jr., Letter from Birmingham Jail Chapter 13: Civil Disobedience and Conscientious Refusal John Rawls, Civil Disobedience and Conscientious Refusal Chapter 14: The Benefit of Challenging Uncertain Laws Ronald Dworkin, Civil Disobedience Additional Readings Cases for Discussion Schenck v. United States Whitney v. California Walker v. City of Birmingham Minersville School District, Board of Education v. Gobitis Wisconsin v. Yoder Employment Division, Dept. of Human Resources of Oregon v. Smith United States v. Schoon PART 4: LAW AND LIBERTY Chapter 15: Civil Disobedience and the Presumption of an Obligation to Obey the Law Chapter 16: In Defense of Liberty John Stuart Mill, On Liberty Chapter 17: Paternalism Gerald Dworkin, Paternalism Chapter 18: Legal Moralism Lord Patrick Devlin, The Enforcement of Morals Chapter 19: A Refutation of Legal Moralism H.L.A. Hart, Law, Liberty, and Morality Additional Readings Cases for Discussion John Doe v. University of Michigan Texas v. Johnson Chen v. California New York Times v. Sullivan New York Times Co. v. United States Village of Skokie v. National Socialist Party of America Hernandez v. Commonwealth of Virginia Boy Scouts of America v. Dale Miller v. California Paris Adult Theater I v. Slaton Reno v. American Civil Liberties Union Engel v. Vitale Edwards v. Aguillard Van Orden v. Perry Griswold v. Connecticut Roe v. Wade Planned Parenthood v. Casey Bowers v. Hardwick Lawrence v. Texas Loving v. Virginia Goodridge v. Department of Public Health PART 5: PUNISHMENT Chapter 20: Utilitarianism Jeremy Bentham, An Introduction to the Principles of Morals and Legislation Chapter 21: Retributivism I: A Kantian Theory of Punishment Immanuel Kant, The Right of Punishing and Pardoning Chapter 22: Retributivism II: Fair Play Herbert Morris, Persons and Punishment Chapter 23: Retributivism III: The Value of Victims Jean Hampton, A New Theory of Retribution Chapter 24: Restitution Randy Barnett, Restitution: A New Paradigm of Criminal Justice Chapter 25: Restorative Justice Gorden Bazemore, Three Paradigms for Juvenile Justice Additional Readings Cases for Discussion Miranda v. Arizona Gregg v. Georgia McCleskey v. Kemp Atkins v. Virginia Roper v. Simons Rummel v. Estelle Hamdi v. Rumfeld The Insanity Defense: M'Naghten and Durham State v. Kelly United States v. Oviedo PART 6: CONSTIUTIONAL INTERPRETATION Chapter 26: The Moral Reading of the American Constitution Ronal Dworkin, The Moral Reading of the American Constitution Appendix The Bill of Rights and other Amendments to the Constitution of the United States Selections from the Canadian Charter of Rights and Freedoms Glossary

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