ABSTRACT

With over sixty cases as support, this text presents the philosophy of law as a perpetual series of debates with overlapping lines and cross connections. Using law as a focus to bring into relief many social and political issues of pressing importance in contemporary society, this book encourages readers to think critically and philosophically.

Classic Readings and Cases in the Philosophy of Law centers on five major questions:

    What is law?
    What, if any, connection must there be between law and morality?
    When should law be used to restrict the liberty of individuals?
    To what extent should democratic states permit civil disobedience?
    What, if anything, justifies the infliction of punishment on those who violate the law?


The extensive anthology of cases covers the mundane to the grandest of constitutional issues, including controversial topics like ownership of genetic material, capital punishment, and gay rights. Brief introductions to each case describe the central issue being litigated, the legal reasoning of the justices–both majority and dissenting–the decision of the court, and its philosophical significance.

part |168 pages

What Is Law?

chapter |14 pages

Traditional Natural Law Theory

Law for the Common Good

chapter |19 pages

Legal Positivism I

Law as Command

chapter |16 pages

American Legal Realism

Law as Judicial Pronouncement

chapter |17 pages

Legal Positivism II

Law as the Union of Primary and Secondary Rules

chapter |15 pages

Law and Economics

Law as Efficiency

chapter |85 pages

Feminist Jurisprudence

Law as a Patriarchal Institution

part |137 pages

The Separation Thesis, Legal Reasoning, and Legal Indeterminacy

chapter |16 pages

The Separation of Law and Morality

chapter |17 pages

The Morality of Law

chapter |25 pages

Law as a System of Rights

chapter |12 pages

Hart's Response to Dworkin

part |65 pages

Civil Disobedience and the Obligation to Obey Law

part |150 pages

Law and Liberty

chapter |12 pages

In Defense of Liberty

chapter |10 pages

Paternalism

chapter |12 pages

Legal Moralism

chapter |114 pages

A Refutation of Legal Moralism

part |158 pages

Punishment

chapter |12 pages

A Utilitarian Account of Punishment

chapter |6 pages

Retributivism I

A Kantian Theory of Punishment

chapter |12 pages

Retributivism II

Fair Play

chapter |12 pages

Retributivism III

The Value of Victims

chapter |12 pages

Restitution

chapter |98 pages

Restorative Justice

part |20 pages

Constitutional Interpretation

chapter |18 pages

The Moral Reading of the Constitution