Preface | p. xi |
Law | p. 1 |
Natural Law Theory | p. 7 |
"Natural Law Theory" | p. 7 |
"The Natural Law Theory of St. Thomas Aquinas" | p. 19 |
The Challenge of Legal Positivism | p. 33 |
"A Positivist Conception of Law," from The Province of Jurisprudence Determined (1832) | p. 33 |
"Law as the Union of Primary and Secondary Rules," from The Concept of Law (1961) | p. 45 |
"Positivism and the Separation of Law and Morals" | p. 59 |
"Positivism and Fidelity to Law--A Reply to Professor Hart" | p. 76 |
"Eight Ways to Fail to Make Law," from The Morality of Law (1964) | p. 91 |
"Negative and Positive Positivism" | p. 95 |
Law from the Perspective of the Judge | p. 108 |
"The Dilemmas of Judges Who Must Interpret 'Immoral Laws'" | p. 108 |
"The Model of Rules" | p. 130 |
Riggs v. Palmer, Court of Appeals of New York, 1889 | p. 147 |
"Integrity in Law," from Law's Empire (1986) | p. 152 |
"The Third Theory of Law" | p. 167 |
"The Path of the Law" | p. 174 |
"Legal Realism," from Law and the Modern Mind (1963) | p. 180 |
"Interpretive Construction in the Substantive Criminal Law" | p. 182 |
The Moral Obligation to Obey the Law | p. 210 |
Crito | p. 210 |
"Letter from Birmingham Jail," from Why We Can't Wait (1963) | p. 219 |
"Difference Made Legal: The Court and Dr. King" | p. 227 |
Liberty | p. 254 |
The Case for Self-Determination | p. 259 |
"The Liberal Argument," from On Liberty (1859) | p. 259 |
Challenges to Self-Determination | p. 271 |
"Paternalism," from Morality and the Law (1971) | p. 271 |
Constitutional Privacy | p. 281 |
Griswold v. Connecticut, United States Supreme Court, 1965 | p. 281 |
Roe v. Wade, United States Supreme Court, 1973 | p. 287 |
Planned Parenthood of S.E. Pennsylvania v. Casey, United States Supreme Court, 1992 | p. 291 |
Bowers v. Hardwick, United States Supreme Court, 1986 | p. 295 |
Freedom of Expression and Its Limits | p. 306 |
"Limits to the Free Expression of Opinion" | p. 306 |
Cohen v. California, United States Supreme Court, 1971 | p. 322 |
Village of Skokie v. National Socialist Party of America, Supreme Court of Illinois, 1978 | p. 326 |
Texas v. Johnson, United States Supreme Court, 1989 | p. 330 |
"Civil Rights versus Civil Liberties: The Case of Discriminatory Verbal Harassment" | p. 339 |
Principles of Constitutional Interpretation | p. 356 |
"The Right of Privacy: The Construction of a Constitutional Time Bomb," from The Tempting of America (1990) | p. 356 |
"Discovering Fundamental Values," from Democracy and Distrust (1980) | p. 359 |
"Constitutional Interpretation and Original Meaning" | p. 374 |
Justice | p. 389 |
The Machinery of Justice: Three Sample Procedural Problems | p. 394 |
"Torture and Plea Bargaining" | p. 394 |
"Jury Nullification," from Conflicts of Law and Morality (1987) | p. 404 |
"The Serpent Beguiled Me and I Did Eat: Entrapment and the Creation of Crime" | p. 409 |
Justice and Compensation | p. 419 |
"Mischief and Misfortune" | p. 419 |
"Loss, Agency and Responsibility for Outcomes: Three Conceptions of Corrective Justice" | p. 439 |
Justice and Contract | p. 453 |
"Contract Law and Distributive Justice" | p. 453 |
"Babies for Sale: Reflections on the Baby M Case" | p. 471 |
"Surrogate Motherhood as Prenatal Adoption" | p. 484 |
Justice, Affirmative Action and Racial Quotas | p. 492 |
"Equal Treatment and Compensatory Discrimination" | p. 492 |
"The Message of Affirmative Action" | p. 499 |
Article I sec. 31 | p. 513 |
Inequality and Gender | p. 514 |
"The Reasonable Woman" | p. 514 |
State v. Rusk, Court of Appeals of Maryland, 1981 | p. 519 |
Regina v. Morgan, House of Lords, 1976 | p. 523 |
State v. Kelly, Supreme Court of New Jersey, 1984 | p. 525 |
Michael M. v. Superior Court of Sonoma County, United States Supreme Court, 1981 | p. 530 |
"Sexuality, Authenticity, and Modernity" | p. 538 |
Responsibility | p. 549 |
Responsibility for Results | p. 554 |
"The Impossibility of General Strict Liability" | p. 554 |
"Causation and Responsibility," from Causation in the Law (1959) | p. 572 |
"The Decline of Cause" | p. 584 |
"Blame, Punishment and the Role of Result" | p. 592 |
Palsgraf v. The Long Island Railroad Co., New York Court of Appeals, 1928 | p. 598 |
Summers v. Tice, Supreme Court of California, 1948 | p. 604 |
Sindell v. Abbott Laboratories, Supreme Court of California, 1980 | p. 608 |
Responsibility for Nonintervention | p. 623 |
"Notes on the Indian Penal Code," from Works of Lord Macaulay (1866) | p. 623 |
"The Case for a Duty to Rescue" | p. 625 |
Some Criminal Defenses | p. 646 |
People v. Young, New York Court of Appeals, 1962 | p. 646 |
"The Case of the Speluncean Explorers" | p. 648 |
"The Case of Lady Eldon's French Lace" | p. 663 |
The M'Naghten Rules, House of Lords (1843) | p. 668 |
The American Law Institute, The Insanity Defense, from Model Penal Code (1956) | p. 669 |
State v. Guido, New Jersey Supreme Court, 1963 | p. 672 |
"What Is So Special About Mental Illness?" from Doing and Deserving (1970) | p. 674 |
Punishment | p. 683 |
What Is Legal Punishment? | p. 688 |
"The Expressive Function of Punishment," from Doing and Deserving (1970) | p. 688 |
"Shame, Culture and American Criminal Law" | p. 699 |
What, If Anything, Justifies Legal Punishment? | p. 727 |
"The Classic Debate" | p. 727 |
"Fantastic Counterexamples and the Utilitarian Theory," from Crime, Guilt and Punishment (1987) | p. 732 |
"The Moral Worth of Retribution" | p. 746 |
"The Failure of Retributivism" | p. 769 |
Victims' Rights: Restitution or Vengeance? | p. 780 |
"Retributivism: A Test Case for Ethical Objectivity" | p. 780 |
"Getting Even: The Role of the Victim" | p. 788 |
Payne v. Tennessee, United States Supreme Court, 1990 | p. 799 |
The Death Penalty | p. 817 |
Furman v. Georgia, United States Supreme Court, 1972 | p. 817 |
Woodson v. North Carolina, United States Supreme Court, 1976 | p. 826 |
"In Defense of the Death Penalty: A Practical and Moral Analysis" | p. 836 |
"Should We Execute Those Who Deserve to Die?" from An Eye for an Eye: The Morality of Punishing by Death (1987) | p. 842 |
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