Introduction to the Philosophy of Law: Readings and Cases

Hardcover | October 1, 1998

byJefferson White, Dennis Patterson

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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 lawwithout 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 philosophersrepresenting 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 inPart 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.

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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 lawwithout sacrificing philosophical content. Th...

Jefferson White is at University of Maine. Dennis Patterson is at Rutgers University School of Law.

other books by Jefferson White

Law and Democracy in the Empire of Force
Law and Democracy in the Empire of Force

Kobo ebook|Dec 18 2009

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Format:HardcoverDimensions:448 pages, 6.81 × 9.29 × 1.1 inPublished:October 1, 1998Publisher:Oxford University Press

The following ISBNs are associated with this title:

ISBN - 10:0195119754

ISBN - 13:9780195119756

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Table of Contents

PrefaceSelection AuthorsPart I: TYPES OF LEGAL PHILOSOPHY1. Classical Natural Law JurisprudenceReadings from Aristotle, Cicero, Aquinas, Grotius, and Blackstone: 2. PositivismReadings from H.L.A. Hart: 3. ConstructivismReadings from Ronald Dworkin: 4. ConsequentialismReadings from Richard Posner: 5. Critical Legal TheoryReadings from Andrew Altman, Roberto Unger, and Martha Minow: Part I: Critical Legal StudiesPart II: Feminist Jurisprudence6. Practice TheoryReadings from Phillip Bobbitt and Dennis Patterson: 7. New Natural Law TheoryReadings from John Finnis: PART II. CASES IN STATUTORY INTERPRETATION, CONTRACT LAW, TORT LAW, AND PUBLIC LAW8. Statutory InterpretationRiggs v. PalmerChurch of the Holy Trinity v. United StatesUnited Steelworkers of America, AFL-CIO v. Weber.Lujan v. Defenders of Wildlife9. Contract LawHamer v. SidwayC and J Fertilizer, Inc. v. Allied Mutual Insurance CompanyWilliams v. Walker-Thomas Furniture CompanyIn the Matter of Baby M10. Tort LawPalsgraf v. The Long Island Railroad CompanyDillon v. LeggThing v. LaChusaHymowitz v. Eli Lily and CompanyVincent et al. v. Lake Erie Transportation Company11. Public LawTexas v. JohnsonHome Building and Loan Ass'n v. BlaisdellMeyer v. State of NebraskaEverson v. Board of Education of Ewing TP.GlossaryIndex

Editorial Reviews

"An excellent collection of materials on the single most important question in legal philosophy: What are the criteria by which we can settle the question of whether something is a rule of law? The case materials are also very well chosen."--Ronald Moore, University of Washington