Notre Dame London: Fischer Hall Library
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Readings in the philosophy of law / edited by Keith C. Culver.

Contributor(s): Culver, Keith Charles, 1969-Series: Broadview readings in philosophyPublication details: Peterborough, Ont. : Broadview Press, c2008. Edition: 2nd edDescription: 438 p. ; 24 cmISBN: 9781551118109; 1551118106Subject(s): Law -- Philosophy -- Textbooks | Common law -- TextbooksDDC classification: 340/.1 LOC classification: K235. | R3915 2008Online resources: Table of contents
Contents:
SECTION I The Idea of Law and Legal Reasoning 23 Chapter I Natural Law Theory Introduction 25 St. Thomas Aquinas, "Treatise on Law," Questions 90-91, 94-96, Summa Theologica 31 John Finnis, from Natural Law and Natural Rights 46 Study Questions 74 Further Readings 74 Chapter 2 Legal Positivism Introduction 75 John Austin, from The Province ofJurisprudence Determined 8 H.L.A. Hart "Positivism and the Separation of Law and Morals" 97 "Law as the Union of Primary and Secondary Rules," The Concept of Law 120 from "The Foundations of a Legal System," The Concept of Law 131 Study Questions 142 Further Readings 142 Chapter 3 Integrity Introduction 143 Ronald Dworkin "The Model of Rules I," Taking Rights Seriously 148 "Integrity in Law," Law's Empire 169 Riggs v. Palmer 22 N.E. 188 (1889) 185 Study Questions 192 Further Readings I92 Chapter 4 Legal Realism Introduction 193 Oliver Wendell Holmes, "The Path of the Law," The Common Law 197 Jerome Frank "Preface to Sixth Printing," Law and the Modern Mind 2oz "Legal Realism," Law and the Modern Mind 205 Lochner v. New York 198 U.S. 45 (1905) 208 Study Questions 210 Further Readings 210o Chapter 5 Recent Developments: Feminist Jurisprudence and Critical Race Theory Introduction 2II Patricia Smith, "Feminist Jurisprudence and the Nature of Law," Feminist Jurisprudence 218 Catharine A. MacKinnon, "Toward Feminist Jurisprudence," Toward a Feminist Theory of the State 227 Richard Delgado, "About Your Masthead: A Preliminary Inquiry into the Compatibility of Civil Rights and Civil Liberties" 236 Study Questions 247 Further Readings 247 SECTION II Law and Limits on Individual Liberty 249 Introduction 251 John Stuart Mill, from On Liberty 258 Gerald Dworkin, "Paternalism," Morality, Harm and the Law 271 Patrick Devlin, "Morals and the Criminal Law," The Enforcement of Morals 283 H.L.A. Hart, from Law, Liberty and Morality 298 Study Questions 307 Further Readings 307 SECTION III Responsibility 309 Introduction 311 H.L.A. Hart, "Postcript: Responsibility and Retribution," Punishment and Responsibility 317 R.A. Duff, "Choice, Character, and Action," CriminalAttempts 328 Rv Shivpuri 2 All ER [19861 334 349 Study Questions 354 Further Readings 354 SECTION IV The Nature of International Law 3 5 5 Introduction 357 Hugo Grotius, "Prolegomena," Dejure Belli Ac Pacis Libri Tres 369 H.L.A. Hart, "International Law," The Concept ofLaw 379 Martti Koskenniemi, "The Politics of International Law" 393 D. Neil MacCormick, "On Sovereignty and Post-Sovereignty," Questioning Sovereignty 414
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Item type Current library Class number Status Date due Barcode Item reservations
Book-Circulating Book-Circulating Fischer Hall Library
Main shelves 		K235. R3915 2008 (Browse shelf(Opens below)) Available B008366
Book-Reference Book-Reference Fischer Hall Library
Reference 		K235. R3915 2008 (Browse shelf(Opens below)) Not for loan B012442
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Includes bibliographical references.

SECTION I The Idea of Law and Legal Reasoning 23 Chapter I Natural Law Theory Introduction 25 St. Thomas Aquinas, "Treatise on Law," Questions 90-91, 94-96, Summa Theologica 31 John Finnis, from Natural Law and Natural Rights 46 Study Questions 74 Further Readings 74 Chapter 2 Legal Positivism Introduction 75 John Austin, from The Province ofJurisprudence Determined 8 H.L.A. Hart "Positivism and the Separation of Law and Morals" 97 "Law as the Union of Primary and Secondary Rules," The Concept of Law 120 from "The Foundations of a Legal System," The Concept of Law 131 Study Questions 142 Further Readings 142 Chapter 3 Integrity Introduction 143 Ronald Dworkin "The Model of Rules I," Taking Rights Seriously 148 "Integrity in Law," Law's Empire 169 Riggs v. Palmer 22 N.E. 188 (1889) 185 Study Questions 192 Further Readings I92 Chapter 4 Legal Realism Introduction 193 Oliver Wendell Holmes, "The Path of the Law," The Common Law 197 Jerome Frank "Preface to Sixth Printing," Law and the Modern Mind 2oz "Legal Realism," Law and the Modern Mind 205 Lochner v. New York 198 U.S. 45 (1905) 208 Study Questions 210 Further Readings 210o Chapter 5 Recent Developments: Feminist Jurisprudence and Critical Race Theory Introduction 2II Patricia Smith, "Feminist Jurisprudence and the Nature of Law," Feminist Jurisprudence 218 Catharine A. MacKinnon, "Toward Feminist Jurisprudence," Toward a Feminist Theory of the State 227 Richard Delgado, "About Your Masthead: A Preliminary Inquiry into the Compatibility of Civil Rights and Civil Liberties" 236 Study Questions 247 Further Readings 247 SECTION II Law and Limits on Individual Liberty 249 Introduction 251 John Stuart Mill, from On Liberty 258 Gerald Dworkin, "Paternalism," Morality, Harm and the Law 271 Patrick Devlin, "Morals and the Criminal Law," The Enforcement of Morals 283 H.L.A. Hart, from Law, Liberty and Morality 298 Study Questions 307 Further Readings 307 SECTION III Responsibility 309 Introduction 311 H.L.A. Hart, "Postcript: Responsibility and Retribution," Punishment and Responsibility 317 R.A. Duff, "Choice, Character, and Action," CriminalAttempts 328 Rv Shivpuri 2 All ER [19861 334 349 Study Questions 354 Further Readings 354 SECTION IV The Nature of International Law 3 5 5 Introduction 357 Hugo Grotius, "Prolegomena," Dejure Belli Ac Pacis Libri Tres 369 H.L.A. Hart, "International Law," The Concept ofLaw 379 Martti Koskenniemi, "The Politics of International Law" 393 D. Neil MacCormick, "On Sovereignty and Post-Sovereignty," Questioning Sovereignty 414