Readings in the Philosophy of Law
John Arthur, William H. Shaw
Prentice Hall, 1993 - Law - 619 pages
Designed for a first course in philosophy of law, jurisprudence or legal theory, this revised text contains classical and contemporary readings on a range of key issues in legal theory. Topics range from the nature of law and legal reasoning to specific problems such as entrapment, search and seizure, exclusionary rules, plea bargaining, pre-trial publicity, lawyer's ethics, and the adversary system. Introductions are provided for each topic, and often the first essay provides students with an overvie of the problems that follow.
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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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action Amendment appeal argue argument cause claim command committed common law concept conduct Constitution contract conviction course crime critical Critical Legal Studies cultural feminism death decide decision defendant discretion DISCUSSION QUESTIONS distinction doctrine duty Dworkin Dworkinian enforce example exclusionary rule fact feminist Fourth Amendment guilty H. L. A. Hart Hart human individual intent interpretation issue judges judgment judicial jury justice lawyers legal rules legal system legislative legislature liability living Constitution Mann Act meaning ment moral murder natural law negligence obligation opinion particular penalty person philosophical plea bargaining ples political positivist practice precedents princi principles punishment Purple Shirts radical feminism rape reason REVIEW AND DISCUSSION Ronald Dworkin rule of law sense sion social society soundest theory standard stare decisis statute Supreme Court things tion tive trial utilitarian valid victim wealth maximization women wrong