Philosophy Law and Legal Theory

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.

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.

• Gathers together some of the most important articles in the field of philosophy of law and legal theory.
• Complements Dennis Patterson's A Companion to Philosophy of Law and Legal Theory (Blackwell, 1999).

• Represents essential reading for the beginning law student.

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.

• Gathers together some of the most important articles in the field of philosophy of law and legal theory.
• Complements Dennis Patterson's A Companion to Philosophy of Law and Legal Theory (Blackwell, 1999).

• Represents essential reading for the beginning law student.

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.

‘Patterson collects fifteen of the classic articles in legal theory and presents them whole. The book provides an excellent introduction to several of the major topics making it useful both as a student text and as a sourcebook for academics and non-academics alike.’ Larry Alexander, University of San Diego School of Law

‘A wonderful selection from the classics in legal theory. It should prove an excellent and invaluable text for classroom use.’ Brian Bix, University of Minnesota, author of Jurisprudence: Theory and Context

‘Dennis Patterson has produced a fine anthology, one that will be particularly useful for those interested in learning about recent debates in analytic jurisprudence.’ Jeremy Waldron, Columbia Law School

Acknowledgments.

Introduction.

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).

Index.