Philosophy of Law: Classic and Contemporary ReadingsLarry May, Jeff Brown Philosophy of Law provides a rich overview of the diverse theoretical justifications for our legal rules, systems, and practices.
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Contents
Legal Reasoning 7 | 7 |
Formalism | 32 |
Lochner v New York 1905 70 | 70 |
The Concept of Law | 85 |
The Model of Rules I | 99 |
The Economic Approach to Law | 129 |
The Key Writings that Formed the Movement | 145 |
Riggs v Palmer 1889 | 164 |
Questions | 362 |
On Liberty | 369 |
The Enforcement of Morals | 377 |
An Indigenous African Experience | 384 |
The Mind and the Deed | 392 |
Between Impunity and Show Trials | 402 |
Atrocity Punishment and International Law | 411 |
Defending International Criminal Trials | 423 |
The Nature of Jus Cogens | 184 |
The Limits of International Law | 200 |
Problems of Collective Responsibility | 221 |
Prosecutor v TadiB 1995 | 240 |
Lockes Theory of Acquisition | 258 |
The Social Structure of Japanese Intellectual Property Law | 281 |
International News Service v Associated Press 1918 | 291 |
Questions | 299 |
Causation and Responsibility | 307 |
Sua Culpa | 315 |
Fairness and Utility in Tort Theory | 322 |
Tort Liability and the Limits of Corrective Justice | 330 |
A Theory of Strict Liability | 338 |
Tarasoff v Regents of University of California 1976 | 356 |
Opening Statement before the International Military Tribunal 1945 Justice Robert H Jackson | 435 |
Questions | 441 |
Of the First and Second Natural Laws and of Contracts | 449 |
The Practice of Promising | 455 |
Legally Enforceable Commitments | 479 |
The Need for a Concept of Unconscionability | 500 |
Questions | 515 |
Does the Constitution Mean What It Always Meant? | 535 |
Whats Wrong with Chinese Rights? Toward a Theory of Rights | 548 |
The Indian Experience | 569 |
Alive and Kicking? A Look at the Constitutional | 585 |
Peremptory Norms as International Public Order | 602 |
Plessy v Ferguson 1896 | 620 |
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Common terms and phrases
accept action agreement apply argue argument basis binding causal cause citizens claim committed common law concept constitutional corrective justice crime custom decision defendant deterrence doctrine duty Dworkin economic enforcement example existence fact fault H. L. A. Hart harm human rights humanitarian intervention Ibid Igbo important imposed Indian Supreme Court individual institutions intention interest international criminal law international law interpretation involved judges judgment judicial jus cogens jus cogens norms justified legal system legislation legislature liability liberal liberty limited means mens rea ment moral natural law obligation opinio juris particular parties peremptory norms person Philosophy plaintiff political practice principle problem promise protection punishment question reason require responsibility risk Ronald Dworkin rule of recognition sense social society standard statute strict liability supra note Supreme Court theory things tion tort traditional treaties unconscionability University Press victim violation women wrong