Philosophy of Law Classic and Contemporary Readings [Hardcover]

• Utilizes the work of both classical and contemporary philosophers to illuminate the relationship between law and morality
• Introduces students to the philosophical underpinnings of International Law and its increasing importance as we face globalization
• Features concrete examples in the form of cases significant to the evolution of law
• Contrasts Anglo-American law with foreign institutions and practices such as those in China, Japan, India, Ireland and Canada
• Incorporates diverse perspectives on the philosophy of law ranging from canonical material to feminist theory, critical theory, postmodernism, and critical race theory

Source Acknowledgments.

Introduction.

Part I: Legal Reasoning.

Introduction.

1. An Introduction to Legal Reasoning (Edward H. Levi).

2. Remarks on the Theory of Appellate Decision and the Rules or Canons about how Statutes are to be Construed (Karl N. Llewellyn).

3. Formalism (Frederick Schauer).

4. Incompletely Theorized Agreements (Cass R. Sunstein).

5. Custom, Opinio Juris, and Consent (Larry May).

6. Lochner v. New York (1905).

Part II: Jurisprudence.

Introduction.

7. The Concept of Law (H. L. A. Hart).

8. The Model of Rules I (Ronald Dworkin).

9. Law as Justice (Michael S. Moore).

10. The Economic Approach to Law (Richard A. Posner).

11. The Distinction between Adjudication and Legislation (Duncan Kennedy).