Philosophy of Law
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Feinberg (U. of Arizona) and Coleman (Yale Law School) present a reader in jurisprudence that balances contemporary and classic accounts of philosophical reasoning in relation to Anglo-American traditions of law. They have not sought to present a balanced account of all of the numerous debates about jurisprudence, opting instead to relate debates to modern concerns. Three sections containing essays and cases explore the nature of law, conceptions of justice, and notions of responsibility and punishment. Annotation ©2003 Book News, Inc., Portland, OR
PrefacePt. 1The Nature of Law1Natural Law Theory8Eight Ways to Fail to Make Law20A Positivist Conception of Law24A More Recent Positivist Conception of Law36Positivism and the Separation of Law and Morals50Positivism and Fidelity to Law - A Reply to Professor Hart67The Model of Rules82Riggs v. Palmer100Legal Positivism105The Path of the Law119Legal Realism125Integrity in Law127The Case of the Speluncean Explorers142Discovering Fundamental Values157Constitutional Interpretation and Original Meaning172Common-Law Courts in a Civil-Law System: The Role of United States Federal Courts in Interpreting the Constitution and Laws187Comment196Crito204Letter from Birmingham Jail213Is There a Prima Facie Obligation to Obey the Law?221Authority236Pt. 2Justice258On Liberty267Offensive Nuisances278Paternalism293The Nature and Value of Rights304Conflicts of Rights313Rethinking the Theory of Legal Rights323Torture and Plea Bargaining333The Serpent Beguiled Me and I Did Eat: Entrapment and the Creation of Crime343Griswold v. Connecticut354Roe v. Wade359Planned Parenthood of S. E. Pennsylvania v. Casey364Bowers v. Hardwick368Limits to the Free Expression of Opinion379Cohen v. California395Village of Skokie v. National Socialist Party of America399Texas v. Johnson403War of Words: Critical Race Theory and the First Amendment412Equal Treatment and Compensatory Discrimination433The Message of Affirmative Action440California Constitution, Article I Declaration of Rights454The Reasonable Woman456State v. Rusk461Regina v. Morgan464State v. Kelly467Michael M. v. Superior Court of Sonoma County471Sexuality, Authenticity, and Modernity479Contract Law and Distributive Justice490Paternalism, Unconscionability Doctrine, and Accommodation508Mischief and Misfortune: Annual McGill Lecture in Jurisprudence and Public Policy526Loss, Agency, and Responsibility for Outcomes: Three Conceptions of Corrective Justice546Property Law560Property Rights Theory and the Commons: The Case of Scientific Research574Moore v. Regents of the University of California588Pt. 3Responsibility and Punishment602The Impossibility of General Strict Liability612Causation and Responsibility630The Decline of Cause642The Punishment That Leaves Something to Chance650Obligations and Outcomes in the Law of Torts658Palsgraf v. The Long Island Railroad Co676Summers v. Tice682Sindell v. Abbott Laboratories686Notes on the Indian Penal Code700The Case for a Duty to Rescue702Responsibility for Consequences724People v. Young739The Case of Lady Eldon's French Lace741The House of Lords746The American Law Institute747State v. Guido750What Is So Special About Mental Illness?751The Expressive Function of Punishment761Shame, Culture, and American Criminal Law771The Classic Debate799Fantastic Counterexamples and the Utilitarian Theory804Persons and Punishment819The Failure of Retributivism831Getting Even: The Role of the Victim842Furman v. Georgia854Woodson v. North Carolina863In Defense of the Death Penalty: A Practical and Moral Analysis873Should We Execute Those Who Deserve to Die?879Capital Attrition: Error Rates in Capital Cases, 1973-1995888
