Synopses & Reviews
This leading anthology contains legal cases and essays written by the finest scholars in legal philosophy, representing all major points of view on central topics in philosophy of law. Its primary focus is to relate traditional themes of legal philosophy to the concerns of modern society in a way that invigorates one and illuminates the other. This classic text is distinguished by its clarity, balance of topics, balance of substantive positions on controversial questions, topical relevance, imaginative use of cases and stories, and the inclusion of only lightly edited or untouched classics. This revision is distinguished in its inclusion of many articles relevant to women's issues and a greater emphasis on concrete legal problems.
Synopsis
This anthology is designed for the introductory course in Philosophy of Law taught in philosophy departments and law schools at most four-year colleges and universities.
About the Author
Joel Feinberg (Professor Emeritus) is recognized as a leading political and social philosopher. He is well known both as a leading scholar and as an excellent teacher. He has published widely on moral issues such as capital punishment, the treatment of the mentally ill, civil disobedience, and environmental ethics. Before joining the University of Arizona faculty, he served on the faculties of Brown, Princeton, and Rockefeller Universities. He was awarded a Fulbright Scholarship in 1987-88 to work in Japan. He was chairman of the National Board of Officers in the American Philosophical Association for three years in the mid-1980s.Jules Coleman is Wesley Newcomb Hohfeld Professor of Jurisprudence and Philosophy at Yale Law School. His research has focused on the philosophy of law, political philosophy and the methodology of the social sciences. Within the philosophy of law, his scholarship has emphasized issues in jurisprudence and the nature of responsibility in the law. He has also done extensive work in political philosophy on the nature of authority, democracy, and the foundations of contractarianism. He has also written on the foundations on rational choice theory in its applications to economics, political theory and law.
Table of Contents
Part I: LAW. 1. Natural Law Theory. Brian Bix: Natural Law Theory. Susan Dimock: The Natural Law Theory of St. Thomas Aquinas. Lon L. Fuller: Eight Ways to Fail to Make Laws. 2. Positivism and Its Critics. John Austin: A Positivist Conception of Law. H.L.A. Hart: Law at the Union of Primary and Secondary Laws. H.L.A. Hart: Positivism and the Separation of Law and Morals. Lon L. Fuller: Positivism and Fidelity to Law--A Reply to Professor Hart. Ronald Dworkin: The Model of Rules. Riggs v. Palmer. *Jules Coleman and Brian Leiter: Legal Positivism. 3. Law From the Perspective of the Judge. Oliver Wendell Holmes: The Path of the Law. Jerome Frank: Legal Realism. Ronald Dworkin: Integrity in Law. Lon L. Fuller: The Case of the Speluncean Explorers. Joel Feinberg: The Dilemmas of Judges Who Must Interpret "Immoral Laws". John Hart Ely: Discovering Fundamental Values. David Lyons: Constitutional Interpretation and Original Meaning. Robert H. Bork: The Right of Privacy: The Construction of a Constitutional Time-Bomb. *Antonin Scalia: Common Law Courts in a Civil-Law System: The Role of the United States Federal Courts in Interpreting the Constitution and Laws. *Ronald Dworkin: Comment (On Scalia). 4. The Moral Obligation to Obey the Law. Plato, Crito/ Martin Luther King, Jr.: Letter from Birmingham Jail. *M.B.E. Smith: Is There a Prima Facie Obligation to Obey the Law? *Scott Shapiro: Authority. Part II: JUSTICE. 5. Liberty. John Stuart Mill: The Liberal Argument. *Joel Feinberg: Offensive Nuisances. Gerald Dworkin: Paternalism. 6. Rights. *Joel Feinberg: The Nature and Value of Rights. *F.M. Kamm: Conflicts of Rights. *Jules Coleman and Jody Kraus: Rethinking the Theory of Legal Rights. 7. Justice in the Administration of Law. The Machinery of Justice. John H. Langbein: Torture and Plea Bargaining. Gerald Dworkin: The Serpent Beguiled Me and I Did Eat: Entrapment and the Creation of Crime. 8. Constitutional Privacy. Griswold v. Connecticut. Roe v. Wade. Planned Parenthood of SE Pennsylvania v. Casey. Bowers v. Hardwick. 9. Freedom of Expression and Its Limits. Joel Feinberg: Limits to the Free Expression of Opinion. Cohen v. California. Village of Skokie v. National Socialist Party of America. Texas v. Johnson. *Henry Louis Gates: War of Words: Critical Race Theory and the First Amendment. 10. Justice, Affirmative Action and Racial Quotas. Thomas Nagel: Equal Treatment and Compensatory Discrimination. Thomas E. Hill, Jr.: The Message of Affirmative Action. California Constitution, Article I sec. 31. 11. Inequality and Gender. Kim Lane Scheppele: The Reasonable Woman. Leslie Green: Sexuality, Authenticity and Modernity. State v. Rusk. Regina v. Morgan. State v. Kelly. Michael M. v. Superior Court of Sonoma County. 12. Justice and Contract. Anthony T. Kronman: Contract Law and Distributive Justice. *Seana Shiffrin: Paternalism, Unconscionability Doctrine, and Accommodation. 13. Torts. Jules Coleman and Arthur Ripstein: Mischief and Misfortune. Stephen R. Perry: Loss, Agency, and Responsibility for Outcomes: Three Conceptions of Corrective Justice. 14. Property. *Jeremy Waldron: Property Law. *Robert Merges: Property Rights Theory and the Commons: The Case of Scientific Research. Moore v. Regents. Part III: RESPONSIBILITY AND PUNISHMENT. 15. Ascribing Responsibility. Stephen Perry: The Impossibility of General Strict Liability. H.L.A. Hart and A.M. Honore: Causation and Responsibility. Judith Jarvis Thomson: The Decline of Cause. *David Lewis: The Punishment that Leaves Something to Chance. *John Gardner: Obligations and Outcomes in the Law of Torts. Palsgraf v. The Long Island Railroad Co. Summers v. Tice. Sindell v. Abbott Laboratories. Thomas Babington Macalay: Notes on the Indian Penal Code. Ernest J. Weinrib: The Case for a Duty to Rescue. 16. Defeating Responsibility. *John Martin Fischer and Mark Ravizza: Responsibility for Consequences. People v. Young. Sanford S. Kadish and Stephen J. Schulhofer: The Case of Lady Eldon's French Lace. The M'Naghten Rules. The American Law Institute, The Insanity Defense. State v. Guido. Joel Feinberg: What Is So Special About Mental Illness? 17. Punishment. Joel Feinberg: The Expressive Function of Punishment. Toni M. Massaro: Shame, Culture, and American Criminal Law. Joel Feinberg: The Classic Debate. C.L. Ten: Fantastic Counterexamples and the Utilitarian Theory. *Herbert Morris: Persons and Punishment. Russ Shafer-Landau: The Failure of Retributivism. Jeffrie G. Murphy: Getting Even: The Role of the Victim. 18. The Death Penalty. Furman v. Georgia. Woodson v. North Carolina. Ernest van den Haag: In Defense of the Death Penalty: A Practical and Moral Analysis. Stephen Nathanson: Should We Execute Those Who Deserve to Die? *James S. Liebman, Jeffery Fagan, Valerie West, and Jonathan Lloyd: Capital Attrition: Error Rates in Capital Cases, 1973-1995.