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 justicesboth majority and dissentingthe decision of the court, and its philosophical significance.
PART 1: WHAT IS LAW?
Chapter 1: Traditional Natural Law Theory: Law for the Common Good
St. Thomas Aquinas, Law for the Common Good
Chapter 2: Legal Positivism I: Law as Command
John Austin, The Command Theory of Law
Chapter 3: American Legal Realism: Law as Judicial Pronouncement
Oliver Wendell Holmes, Law as Systematized Prediction of What the Courts Will Do
Jerome Frank, Law as the Product of Court Decisions
Chapter 4: Legal Positivism II: Law as the Union of Primary and Secondary Rules
H.L.A. Hart, Law alÄ
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