Readings in the Philosophy of Law

by Coleman,Jules L.

• ISBN13: 9780815337188
• ISBN10: 0815337183
• Format: Nonspecific Binding
• Copyright: 1999-12-01
• Publisher: Routledge

Summary

An extraordinary collection of the finest essays in the core areas of legal philosophy,Readings in Philosophy of Lawis a perfect introduction to the breadth of issues covered in the philosophy of law. The essays are all classic papers chosen as much for their clarity of thought and comprehensiveness as for their distinctiveness and importance to the subject matters of legal philosophy. This collection is ideal for the professional as well as the student, as it brings together classic essays that are not otherwise available in one volume. The reader sees each author's thoughts and arguments unfold naturally within the context of other important works. For breadth of contributions and intellectual rigor,Readings in Philosophy of Lawis unrivalled.

Table of Contents

Introduction	v
JURISPRUDENCE
The Path of the Law	1	(22)
Oliver Wendell Holmes
Positivism and the Separation of Law and Morals	23	(37)
H.L.A. Hart
The Model of Rules	60	(33)
Ronald M. Dworkin
Legitimate Authority and The Claims of Law	93	(32)
Joseph Raz
On Hart's Way Out	125	(39)
Scott J. Shapiro
RIGHTS
Some Fundamental Legal Conceptions as Applied in Judicial Reasoning	164	(45)
Wesley Newcomb Hohfeld
Are There Any Natural Rights?	209	(18)
H.L.A. Hart
The Nature and Value of Rights	227	(16)
Joel Feinberg
Utility and Rights	243	(32)
David Lyons
The Right to Do Wrong	275	(20)
Jeremy Waldron
CONSTITUTIONAL LAW AND ITS INTERPRETATION
Toward Neutral Principles of Constitutional Law	295	(35)
Herbert Wechlser
The Supreme Court 1960 Term---Foreword: The Passive Virtues	330	(41)
Alexander M. Bickel
The Puzzling Persistence of Process-Based Constitutional Theories	371	(18)
Laurence H. Tribe
The Forum of Principle	389	(50)
Ronald Dworkin
CRIMINAL LAW THEORY
Persons and Punishment	439	(28)
Herbert Morris
The Expressive Function of Punishment	467	(28)
Joel Feinberg
Legal Responsibility and Excuses	495	(25)
H.L.A. Hart
The Moral Education Theory of Punishment	520	(31)
Jean Hampton
PRIVATE LAW THEORY
The Tragedy of the Commons	551	(6)
Garrett Hardin
Ownership	557	(41)
A.M. Honore
Contract Law and Distributive Justice	598	(41)
Anthony T. Kronman
Mischief and Misfortune	639	(40)
Jules Coleman
Arthur Ripstein
Acknowledgments	679