Philosophy of Law
Joel Feinberg, Jules L. Coleman
Thomson/Wadsworth, 2004 - Law - 894 pages
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.
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Positivism and Its Critics
A Hart A More Recent Positivist Conception of Law
A Hart Positivism and the Separation of Law and Morals
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accept affirmative action agent Amendment apply argue argument authority autonomy cause choice claim command conception conduct consider Constitution contract conviction crime criminal crito decide decisions defendant distinction distributive justice doctrine duty Dworkin enforce example expression facie obligation fact flag Fourteenth Amendment H. L. A. Hart harm harm principle Hart hate speech homosexual important individual interest interpretation issue Joseph Raz judges judgment judicial justice justify legal positivism legal rules legal system legislation legislature legitimate liability rules libertarian liberty means ment moral natural law normative obedience obligation to obey offense one's opinion originalist particular party paternalist person philosophy plea bargaining political positivism positivists principle problem protect punishment question reason requires Ronald Dworkin rule of recognition sense sexual social society sodomy speech standards statute suppose Supreme Court theory things tion tive valid violate words wrong