Readings in the Philosophy of Law
John Arthur, William H. Shaw
Prentice Hall, 1993 - Law - 619 pages
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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Statutes and the Constitution
Statutory Interpretation 32 Law as the Union of Primary and Secondary Rules 108
Can a Murderer Inherit?
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