Readings in the Philosophy of Law

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John Arthur, William H. Shaw
Prentice Hall, 1993 - Law - 619 pages
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This anthology of classical and contemporary philosophical and legal essays and legal cases focuses on legal philosophy as its own subject -- rather than as an outgrowth of social or political philosophy or applied ethics. The essays focus on how law is organized and the particular philosophical issues that law raises -- and gives readers the opportunity to think through actual debates -- many of them still live in the courts. Provides short introductions and thought-provoking questions for each selection. The Practice of Law. The Rule of Law. The Moral Force of Law. Elements of Legal Reasoning. Natural Law and Legal Positivism: Classical Perspectives. Formalism and legal Realism. The Contemporary Debate: Hart v. Dworkin. Law and Economics. Critical Legal Theory and Feminist Jurisprudence. Punishment: Theory and Practice. Problems of Criminal Liability. The Rights of Defendants. Compensating for Private Harms: The Law of Torts. Private Ownership: The Law of Property. Private Agreements: the Law of Contract. Constitutional Government and the Problem of Interpretation. Freedom of Religion, Speech and Privacy. Equality and the Constitution.

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Contents

Statutes and the Constitution
19
Statutory Interpretation 32 Law as the Union of Primary and Secondary Rules 108
32
Can a Murderer Inherit?
45
Copyright

25 other sections not shown

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About the author (1993)

Arthur is professor of philosophy and director of the program in Philosophy, Politics, and Law at Binghamton University.

The author and editor of numerous books in the areas of ethics and social and political philosophy, William H. Shaw obtained a Ph.D. in political philosophy from the London School of Economics and teaches philosophy at San Jose State University, where he served as chair of the department for eleven years. He spent two years in Zimbabwe, directing the California State University study abroad program in Harare, and was selected as the 1998-1999 President's Scholar, San Jose State's highest academic award. He has two other books with Wadsworth, BUSINESS ETHICS and SOCIAL AND PERSONAL ETHICS.

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