Philosophy of Law: Classic and Contemporary Readings with Commentary

Ideal for undergraduate courses in philosophy of law, this comprehensive anthology examines such topics as the concept of law, the dispute between natural law theorists and legal positivists, the relations between law and morality, criminal responsibility and legal punishment, the rights of the individual against the state, justice and equality, and legal evidence as compared with scientific evidence. The readings have been selected from both philosophy and law journals and include classic texts, contemporary theoretical developments, and well-known recent court cases. The text features extensive introductions that make even the most profound writings accessible to undergraduates.

EACH SUB-CHAPTER OPENS WITH AN INTRODUCTION AND MOST CLOSE WITH SUGGESTIONS FOR FURTHER READING; QUESTIONS FOR DISCUSSION ARE INTEGRATED THROUGHOUT; 1. WHAT IS LAW?; 1.1 THE THEORY OF NATURAL LAW; READINGS; 1.2 LEGAL POSITIVISM; READINGS; 1.3 LEGAL REALISM AND CRITICAL LEGAL STUDIES; READINGS; 1.4 RONALD DWORKIN AND LAW AS INTEGRITY; READINGS; 1.5 CASE STUDY: THE FUGITIVE SLAVE LAWS; READINGS; 2. LEGAL REASONING; 2.1 THE INTERPRETATION OF LEGAL TEXTS; READINGS AND CASES; 2.2 REASONING FROM PRECEDENT; READINGS; CASES; 2.3 CRITICAL PERSPECTIVES ON LEGAL REASONING; READINGS; 3. THE MORAL FORCE OF LAW; 3.1 IS THERE A MORAL OBLIGATION TO OBEY THE LAW?; READINGS; 3.2 CIVIL DISOBEDIENCE; READINGS; CASE; 4. THE STRUCTURE AND CONTENT OF RIGHTS; 4.1 THE STRUCTURE OF RIGHTS; READINGS; CASE; 4.2 THE RIGHT TO LIBERTY; READINGS AND CASES; THE HARM PRINCIPLE; OFFENSE; PATERNALISM; MORALISM; 4.3 A RIGHT TO FREE SPEECH; READINGS; CASE STUDY: PORNOGRAPHY; CASE STUDY: HATE SPEECH; 4.4 THE RIGHT TO PRIVACY; READINGS AND CASES; PRIVACY AS A CONSTITUTIONAL RIGHT; THE RIGHT TO AN ABORTION; 4.5 THE RIGHT TO RELIGIOUS FREEDOM; READINGS; CASES; 4.6 THE RIGHT TO PROPERTY; READINGS; CASE; 5. JUSTICE AND EQUALITY; 5.1 WHAT IS JUSTICE?; READINGS; 5.2 THEORIES OF JUSTICE; READINGS; 5.3 DISCRIMINATION; READINGS; CASE; 5.4 PREFERENTIAL TREATMENT; READINGS; CASES; 5.5 EQUALITY FOR WOMEN; READINGS; CASES; 5.6 EQUALITY FOR HOMOSEXUALS; READINGS; CASE; 5.7 OTHER KINDS OF DISCRIMINATION; 6. PUNISHMENT; 6.1 THE NATURE OF PUNISHMENT; 6.2 THEORIES OF PUNISHMENT; 6.3 UTILITARIAN THEORIES OF PUNISHMENT; READINGS; 6.4 RETRIBUTIVISMS; READINGS; 6.5 COMBINATIONS AND ALTERNATIVES; 6.6 CAPITAL PUNISHMENT; READINGS; CASES; 7. RESPONSIBILITY; 7.1 WHAT IS RESPONSIBILITY?; 7.2 LEGAL CAUSATION; READING; CASE; 7.3 RESPONSIBILITY FOR OMISSIONS; READINGS; CASE; 7.4 MENS REA AND STRICT LIABILITY; READING; CASE; CASE STUDY: LIABILITY FOR RAPE; 7.5 THE INSANITY DEFENSE; READINGS; CASE; 8. LEGAL PROCEDURE AND EVIDENCE; 8.1 THE BURDEN OF PROOF; READINGS; CASE; 8.2 PROBABILITY AND THE LAW OF EVIDENCE; READINGS; CASES; 8.3 CRIMINAL PROCEDURE AND THE EXCLUSIONARY RULE; READINGS; CASE; APPENDIX