Readings in the Philosophy of LawJohn Arthur, William H. Shaw 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. |
Contents
Statutes and the Constitution | 19 |
Statutory Interpretation 32 Law as the Union of Primary and Secondary Rules 108 | 31 |
Can a Murderer Inherit? | 45 |
Copyright | |
18 other sections not shown
Common terms and phrases
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 enforce example exclusionary rule fact feminism feminist Fourth Amendment guilty H. L. A. Hart Hart human individual injury intent interpretation issue judges judgment judicial jury justice lawyers legal rules legal system legislative legislature liability living Constitution Mann Act meaning mens rea ment moral murder natural law negligence opinion particular penalty person plea bargaining ples political positivists practice precedents principles punishment Purple Shirts rape reason result REVIEW AND DISCUSSION Ronald Dworkin rule of law sense sion social society standard stare decisis statute Supreme Court theory things tion tive tort trial utilitarian valid victim wealth maximization women wrong