9780534519032

Philosophical Problems in the Law

by
  • ISBN13:

    9780534519032

  • ISBN10:

    0534519032

  • Format: Paperback
  • Copyright: 8/6/1999
  • Publisher: Wadsworth Publishing
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Summary

PHILOSOPHICAL PROBLEMS IN THE LAW is the perfect introduction to the philosophy of law! This collection of articles and cases helps you consider philosophical problems associated with the law through examples, case studies, and decision scenarios. Case examples and recent decisions such as Pledge of allegiance case, Freedom of expression on the Internet, Supreme Court rulings on affirmative action, "Three-Strikes laws," and the death penalty help you see the real world relevance of what you are learning.

Table of Contents

Preface
Introduction
I
THE NATURE OF LAW AND LEGAL REASONING
Philosophy and the Law
What is Law? Classical Theories of Law
Modern Theories of Law
Contemporary Perspectives
Legal Reasoning and the Constitution
Cases for Further Reflection
II
LAW, LIBERTY, AND MORALITY
Boundaries of the Law: Enforcing Morality and Justifying Disobedience
Freedom of Expression and Hate-Speech
Obscenity and Pornography
Freedom of Religion
Cases for Further Reflection
III
EQUALITY AND THE LAW
Constitutional Equality and Preferential Treatment
Sex, Gender, and Equality
Cases for Further Reflection
IV
CRIMINAL LAW
What is a Crime? Justification and Excuse
The Aims and Limits of Criminal Punishment
Death
Cases for Further Reflection
V
TORT LAW
Justice, Compensation, and Tort
Causation and Liability
Acts, Omissions, and the Duty to Rescue
Cases for Further Reflection
Appendix 1: Legal Citations and Law Reports
Appendix 2: Amendments to the Constitution of the United States
Appendix 3: Legal Resources on the Internet
Glossary of Legal Terms

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