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Philosophy of Law : Classic and Contemporary Readings with Commentary

Philosophy of Law : Classic and Contemporary Readings with Commentary - 96 edition

Philosophy of Law : Classic and Contemporary Readings with Commentary - 96 edition

ISBN13: 9780195155129

ISBN10: 0195155122

Philosophy of Law : Classic and Contemporary Readings with Commentary by Frederick F. Schauer - ISBN 9780195155129
Cover type: Hardback
Edition: 96
Copyright: 1996
Publisher: Harcourt Brace or Harcourt Press
Published:
International: No
Philosophy of Law : Classic and Contemporary Readings with Commentary by Frederick F. Schauer - ISBN 9780195155129

ISBN13: 9780195155129

ISBN10: 0195155122

Cover type: Hardback
Edition: 96
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Summary

This comprehensive anthology for the undergraduate philosophy of law course examines such topics as the concept of law; the dispute between natural law theorists and legal positivists; the relations between law and morality; criminal responsibility and legal punishment; rights of the individual against the state; justice and equality; and legal evidence as compared with scientific evidence. Readings, selected form both philosophy and law journals, include classic texts, contemporary theoretical developments, and well-known current court cases.

Author Bio

Schauer, Frederick : Harvard University

Sinnott-Armstrong, Walter : Dartmouth College

Table of Contents

Table of Contents

PART I: WHAT IS LAW?

The Theory of Natural Law.
Legal Positivism.
Legal Realism and Critical Legal Studies.
Ronald Dworkin and Law as Integrity.
Case Study: The Fugitive Slave Law.

PART II: LEGAL REASONING.

The Interpretation of Legal Texts.
Reasoning from Precedent.
Critical Perspectives on Legal Reasoning.

PART III: THE MORAL FORCE OF LAW.

Is There a Moral Obligation to Obey the Law?
Civil Disobedience.

PART IV: THE STRUCTURE AND CONTENT OF RIGHTS.

The Structure of Rights.
The Right to Liberty.
The Harm Principle.
Offense.
Paternalism.
Moralism.
A Right to Free Speech.
Case Study: Pornography.
Case Study: Hate Speech.
The Right to Privacy.
Privacy as a Constitutional Right.
The Right to an Abortion.
The Right to Religious Freedom The Right to Property.

PART V: JUSTICE AND EQUALITY.

What Is Justice?
Theories of Justice.
Discrimination.
Preferential Treatment.
Equality for Women.
Equality for Homosexuals.
Other Kinds of Discrimination.

PART VI: PUNISHMENT.

The Nature of Punishment.
Theories of Punishment.
Utilitarian Theories of Punishment.
Retributivisms.

PART VII: RESPONSIBILITY.

What Is Responsibility?
Legal Causation.
Responsibility for Omissions.
Mens Rea and Strict Liability.
Strict Liability in General.
Liability for Rape.
The Insanity Defense.

PART VIII: LEGAL PROCEDURE AND EVIDENCE.

The Burden of Proof.
Probability and the Law of Evidence.
Criminal Procedure and the Exclusionary Rule.