Readings in the philosophy of law /
"The second edition of Readings in the Philosophy of Law is a concise anthology of key arguments in the philosophy of law, organized around the ideas of law and legal reasoning, limits on individual liberty, responsibility, and international law. Selections new to this edition update the anthol...
Guardado en:
| Otros Autores: | |
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| Formato: | Libro |
| Lenguaje: | Inglés |
| Publicado: |
Peterborough, Ont. :
Broadview Press,
c2008.
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| Edición: | 2nd ed. |
| Colección: | Broadview readings in philosophy.
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| Materias: | |
| Aporte de: | Registro referencial: Solicitar el recurso aquí |
Tabla de Contenidos:
- Section I. The Idea of Law and Legal Reasoning: 1. Natural Law Theory: Introduction. St. Thomas Aquinas, "Treatise on Law,"; Summa Theologica. John Finnis, from Natural Law and Natural Rights
- 2. Legal Positivism: Introduction. John Austin, from The Province ofJurisprudence Determined. H.L.A. Hart "Positivism and the Separation of Law and Morals"; "Law as the Union of Primary and Secondary Rules," The Concept of Law 120 from "The Foundations of a Legal System," The Concept of Law
- 3. Integrity: Introduction. Ronald Dworkin "The Model of Rules I," Taking Rights Seriously; "Integrity in Law," Law's Empire. Riggs v. Palmer 22 N.E. 188 (1889)
- 4. Legal Realism: Introduction. Oliver Wendell Holmes, "The Path of the Law," The Common Law. Jerome Frank "Preface to Sixth Printing," Law and the Modern Mind; "Legal Realism," Law and the Modern Mind. Lochner v. New York 198 U.S. 45 (1905)
- 5. Recent Developments: Feminist Jurisprudence and Critical Race Theory: Introduction. Patricia Smith, "Feminist Jurisprudence and the Nature of Law," Feminist Jurisprudence. Catharine A. MacKinnon, "Toward Feminist Jurisprudence," Toward a Feminist Theory of the State. Richard Delgado, "About Your Masthead: A Preliminary Inquiry into the Compatibility of Civil Rights and Civil Liberties"
- Section II. Law and Limits on Individual Liberty: Introduction. John Stuart Mill, from On Liberty. Gerald Dworkin, "Paternalism," Morality, Harm and the Law. Patrick Devlin, "Morals and the Criminal Law," The Enforcement of Morals. H.L.A. Hart, from Law, Liberty and Morality
- Section III. Responsibility: Introduction. H.L.A. Hart, "Postcript: Responsibility and Retribution," Punishment and Responsibility. R.A. Duff, "Choice, Character, and Action," CriminalAttempts. Rv Shivpuri 2 All ER [1986]
- Section IV. The Nature of International Law: Introduction. Hugo Grotius, "Prolegomena," Dejure Belli Ac Pacis Libri Tres. H.L.A. Hart, "International Law," The Concept ofLaw. Martti Koskenniemi, "The Politics of International Law". D. Neil MacCormick, "On Sovereignty and Post-Sovereignty," Questioning Sovereignty.