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Cover

Introduction to the Philosophy of Law

Readings and Cases

Edited by Jefferson White and Dennis Patterson

Publication Date - January 1999

ISBN: 9780195119756

448 pages
Hardcover
6-1/2 x 9-1/4 inches

Retail Price to Students: $164.99

Description

Introduction to the Philosophy of Law: Readings and Cases employs a combination of case-based and theory-based materials to show novices in the field how the philosophy of law is related to concrete and actual legal practice. Ideal for undergraduates, it engages their curiosity about the law without sacrificing philosophical content. The authors emphasize a command of legal concepts and doctrine as a prelude to philosophical analysis. Designed to acquaint students with the fundamentals of jurisprudence and legal theory, Part I of the book includes readings from influential philosophers representing eight different types of jurisprudence: natural law theory, positivism, constructivism, consequentialism, critical legal studies, feminist theory, practice theory, and new natural law theory. In Part II, the authors present a variety of cases that allow students to apply the theories in Part I to the actual practice of law. Unlike similar texts, which focus primarily on public law, this unique book addresses both private and public law, and includes cases on statutory interpretation, contract law, and tort law. Brief essays precede and discussion questions follow each case. Introduction to the Philosophy of Law: Readings and Cases serves as an exceptional text for courses in the philosophy of law, jurisprudence, and legal theory.

Table of Contents

    Preface
    Selection Authors
    Part I: TYPES OF LEGAL PHILOSOPHY
    1. Classical Natural Law Jurisprudence
    Readings from Aristotle, Cicero, Aquinas, Grotius, and Blackstone
    2. Positivism
    Readings from H.L.A. Hart
    3. Constructivism
    Readings from Ronald Dworkin
    4. Consequentialism
    Readings from Richard Posner
    5. Critical Legal Theory
    Readings from Andrew Altman, Roberto Unger, and Martha Minow
    Part I: Critical Legal Studies
    Part II: Feminist Jurisprudence
    6. Practice Theory
    Readings from Phillip Bobbitt and Dennis Patterson
    7. New Natural Law Theory
    Readings from John Finnis
    PART II. CASES IN STATUTORY INTERPRETATION, CONTRACT LAW, TORT LAW, AND PUBLIC LAW
    8. Statutory Interpretation
    Riggs v. Palmer
    Church of the Holy Trinity v. United States
    United Steelworkers of America, AFL-CIO v. Weber.
    Lujan v. Defenders of Wildlife
    9. Contract Law
    Hamer v. Sidway
    C & J Fertilizer, Inc. v. Allied Mutual Insurance Company
    Williams v. Walker-Thomas Furniture Company
    In the Matter of Baby M
    10. Tort Law
    Palsgraf v. The Long Island Railroad Company
    Dillon v. Legg
    Thing v. LaChusa
    Hymowitz v. Eli Lily and Company
    Vincent et al. v. Lake Erie Transportation Company
    11. Public Law
    Texas v. Johnson
    Home Building & Loan Ass'n v. Blaisdell
    Meyer v. State of Nebraska
    Everson v. Board of Education of Ewing TP.
    Glossary
    Index

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