Philosophy of Law and Legal Theory An Anthology,9780631202882

Philosophy of Law and Legal Theory An Anthology

by
Edition: 1st
ISBN13: 9780631202882
ISBN10: 0631202889
Format: Paperback
Pub. Date: 2003-02-24
Publisher(s): Wiley-Blackwell
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Summary

This carefully selected set of readings presents some of the most important articles in the field. The collection is essential reading for anyone with an interest in legal philosophy. The articles in this anthology are a natural addition to the superb set of original essays in A Companion to the Philosophy of Law and Legal Theory. Taken together, these two volumes provide a compelling overview of the best work in contemporary legal theory and are essential reading for beginning law students.

Author Biography

Dennis Patterson is Distinguished Professor of Law (Camden) and Philosophy (New Brunswick) at Rutgers University. He is the author of Law and Truth (1996) and editor of A Companion to Philosophy of Law and Legal Theory (Blackwell, 1996). He has been a Fellow in the Politics Department at Princeton University and a Visiting Professor at Humboldt University in Berlin and the University of Vienna.

Table of Contents

Acknowledgments vii
Introduction 1(6)
Part I Nature of Law
7(60)
The Path of the Law
9(13)
O. W. Holmes
A Realistic Jurisprudence -- The Next Step
22(24)
Karl Llewellyn
The Model of Rules
46(21)
Ronald Dworkin
Part II Relation of Law and Morality
67(78)
Positivism and the Separation of Law and Morals
69(22)
H. L. A. Hart
Positivism and Fidelity to Law: A Reply to Professor Hart
91(25)
Lon L. Fuller
Negative and Positive Positivism
116(18)
Jules L. Coleman
On the Incoherence of Legal Positivism
134(11)
John Finnis
Part III Theories of Adjudication
145(46)
Hard Cases
147(33)
Ronald Dworkin
What has Pragmatism to Offer Law?
180(11)
Richard A. Posner
Part IV Legal Indeterminacy
191(102)
Form and Substance in Private Law Adjudication
193(60)
Duncan Kennedy
Legal Indeterminacy
253(40)
Ken Kress
Part V Rights and Other Legal Concepts
293(30)
Some Fundamental Legal Conceptions as Applied in Judicial Reasoning
295(28)
Wesley N. Hohfeld
Part VI The Autonomy of Law and Legal Reasoning
323(97)
Legal Formalism: On the Immanent Rationality of Law
325(49)
Ernest J. Weinrib
Law as Interpretation
374(15)
Ronald Dworkin
The Problem of Social Cost
389(31)
Ronald H. Coase
Index 420

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