Introduction to the Philosophy of Law: Readings and Cases / Edition 1

by Jefferson White, Dennis Patterson

Overview

Introduction to the Philosophy of Law: Readings and Cases employs a combination of case-based and theory-based materials to show novices in the field how the philosophy of law is related to concrete and actual legal practice. Ideal for undergraduates, it engages their curiosity about the law without sacrificing philosophical content. The authors emphasize a command of legal concepts and doctrine as a prelude to philosophical analysis. Designed to acquaint students with the fundamentals of jurisprudence and legal theory, Part I of the book includes readings from influential philosophers representing eight different types of jurisprudence: natural law theory, 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 to apply the theories in Part I to the actual practice of law. Unlike similar texts, which focus primarily on public law, this unique book addresses both private and public law, and includes cases on statutory interpretation, contract law, and tort law. Brief essays precede and discussion questions follow each case. Introduction to the Philosophy of Law: Readings and Cases serves as an exceptional text for courses in the philosophy of law, jurisprudence, and legal theory.

Product Details

ISBN-13:	9780195119756
Publisher:	Oxford University Press, USA
Publication date:	01/07/1999
Edition description:	New Edition
Pages:	448
Product dimensions:	9.30(w) x 6.80(h) x 1.10(d)

About the Author

University of Maine

Rutgers University School of Law

Table of Contents

Preface
Selection Authors
Part I: TYPES OF LEGAL PHILOSOPHY
1. Classical Natural Law Jurisprudence
Readings from Aristotle, Cicero, Aquinas, Grotius, and Blackstone
2. Positivism
Readings from H.L.A. Hart
3. Constructivism
Readings from Ronald Dworkin
4. Consequentialism
Readings from Richard Posner
5. Critical Legal Theory
Readings from Andrew Altman, Roberto Unger, and Martha Minow
Part I: Critical Legal Studies
Part II: Feminist Jurisprudence
6. Practice Theory
Readings from Phillip Bobbitt and Dennis Patterson
7. New Natural Law Theory
Readings from John Finnis
PART II. CASES IN STATUTORY INTERPRETATION, CONTRACT LAW, TORT LAW, AND PUBLIC LAW
8. Statutory Interpretation
Riggs v. Palmer
Church of the Holy Trinity v. United States
United Steelworkers of America, AFL-CIO v. Weber.
Lujan v. Defenders of Wildlife
9. Contract Law
Hamer v. Sidway
C & J Fertilizer, Inc. v. Allied Mutual Insurance Company
Williams v. Walker-Thomas Furniture Company
In the Matter of Baby M
10. Tort Law
Palsgraf v. The Long Island Railroad Company
Dillon v. Legg
Thing v. LaChusa
Hymowitz v. Eli Lily and Company
Vincent et al. v. Lake Erie Transportation Company
11. Public Law
Texas v. Johnson
Home Building & Loan Ass'n v. Blaisdell
Meyer v. State of Nebraska
Everson v. Board of Education of Ewing TP.
Glossary
Index