Introduction to the Philosophy of Law Readings and Cases

by White, Jefferson; Patterson, Dennis

• ISBN13: 9780195119756
• ISBN10: 0195119754
• Format: Hardcover
• Copyright: 1999-01-07
• Publisher: Oxford University Press

Summary

The primary challenge in introducing undergraduates to the philosophy oflaw is to treat the subject matter in a way which engages the students'curiosity about the law without sacrificing philosophical content. Onelimitation of law textbooks is that they do not adaquetly bring out theconnection between law and legal theory. In Introduction to the Philosophy ofLaw, White and Patterson address this limitation by using a combination ofcase-based and theory-based materials to show students how the philosophy of lawis related to concrete and actual legal practice.The book is divided into two parts. Part I consists of readings fromphilosophers representing eight influential types of jurisprudence; natural lawtheory, 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 toapply the theories of Part I to the actual practice of law. Unlike competingtextbooks that focus primarily on public law, Introduction to the Philosophy ofLaw addresses both private and public law. Included are cases on statutoryinterpretation, contract law, tort law, and public law. After each case, theauthors provide questions for class discussion that address the philosophicaltheories covered in Part I.

Table of Contents

Preface	v	(4)
Selection Authors	ix
Part I: TYPES OF LEGAL PHILOSOPHY	3	(204)
Chapter 1: Classical Natural Law Jurisprudence Readings from Aristotle, Cicero, Aquinas, Grotius, and Blackstone	3	(38)
Chapter 2: Positivism Readings from H.L.A. Hart	41	(24)
Chapter 3: Constructivism Readings from Ronald Dworkin	65	(29)
Chapter 4: Consequentialism Readings from Richard Posner	94	(25)
Chapter 5: Critical Legal Theory Readings from Andrew, Altman, Roberto Unger, and Martha Minow	119	(41)
Part I: Critical Legal Studies	119	(21)
Part II: Feminist Jurisprudence	140	(20)
Chapter 6: Practice Theory Readings from Phillip Bobbitt and Dennis Patterson	160	(24)
Chapter 7: New Natural Law Theory Readings from John Finnis	184	(23)
Part II: CASES IN STATUTORY INTERPRETATION, CONTRACT LAW, TORT LAW, AND PUBLIC LAW	207	(214)
Chapter 8: Statutory Interpretation	207	(51)
Riggs v. Palmer	207	(8)
Church of the Holy Trinity v. United States	215	(4)
United Steelworkers of America, AFL-CIO v. Weber.	219	(16)
Lujan v. Defenders of Wildlife	235	(23)
Chapter 9: Contract Law	258	(38)
Hamer v. Sidway	259	(6)
C & J Fertilizer, Inc. v. Allied Mutual Insurance Company	265	(9)
Williams v. Walker-Thomas Furniture Company	274	(4)
In the Matter of Baby M	278	(18)
Chapter 10: Tort Law	296	(65)
Palsgraf v. The Long Island Railroad Company	296	(10)
Dillon v. Legg	306	(9)
Thing v. LaChusa	315	(28)
Hymowitz v. Eli Lilly and Company	343	(13)
Vincent et al. v. Lake Erie Transportation Company	356	(5)
Chapter 11: Public Law	361	(60)
Texas v. Johnson	361	(16)
Home Building & Loan Ass'n v. Blaisdell	377	(29)
Meyer v. State of Nebraska	406	(4)
Everson v. Board of Education of Ewing TP.	410	(11)
Glossary	421	(8)
Index	429