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Philosophy Law and Legal Theory : An Anthology - Dennis Patterson

Philosophy Law and Legal Theory

An Anthology

Paperback

Published: 24th February 2003
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This carefully selected set of readings presents some of the most important articles in the field. The collection is essential reading for anyone with an interest in legal philosophy.


  • Gathers together some of the most important articles in the field of philosophy of law and legal theory.

  • Complements Dennis Patterson's A Companion to Philosophy of Law and Legal Theory (Blackwell, 1999).
  • Represents essential reading for the beginning law student.

'Patterson collects fifteen of the classic articles in legaltheory and presents them whole. The book provides an excellentintroduction to several of the major topics making it useful bothas a student text and as a sourcebook for academics andnon-academics alike.' Larry Alexander, University of SanDiego School of Law


'A wonderful selection from the classics in legal theory.It should prove an excellent and invaluable text for classroomuse.' Brian Bix, University of Minnesota, author ofJurisprudence: Theory and Context

'Dennis Patterson has produced a fine anthology, one thatwill be particularly useful for those interested in learning aboutrecent debates in analytic jurisprudence.' Jeremy Waldron, Columbia Law School

Acknowledgments.

Introduction.

PART I. NATURE OF LAW.

1. The Path of the Law (O.W. Holmes).

2. A Realistic Jurisprudence - The Next Step (Karl Llewellyn).

3. The Model of Rules (Ronald Dworkin).

PART II. RELATION OF LAW AND MORALITY.

4. Positivism and the Separation of Law and Morals (H.L.A. Hart).

5. Positivism and Fidelity to Law: A Reply to Professor Hart (Lon L. Fuller).

6. Negative and Positive Positivism (Jules L. Coleman).

7. On the Incoherence of Legal Positivism (john Finnis).

PART III. THEORIES OF ADJUDICATION.

8. Hard Cases (Ronald Dworkin).

9. What has Pragmatism to Offer Law (Richard A. Posner).

PART IV. LEGAL INDETERMINACY.

10. Form and Substance in Private Law Adjudication (Duncan Kennedy).

11. Legal Indeterminacy (Ken Kress).

PART V. RIGHTS AND OTHER LEGAL CONCEPTS.

12. Some Fundamental Legal Conceptions as Applied in Judicial Reasoning (Wesley N. Hohfeld).

PART VI. THE AUTONOMY OF LAW AND LEGAL REASONING.

13. Legal Formalism: On the Immanent Rationality of Law (Ernest F. Weinrib).

14. Law as Interpretation (Ronald Dworkin).

15. The Problem of Social Cost (Ronald H. Coase).

Index.

ISBN: 9780631202882
ISBN-10: 0631202889
Series: Blackwell Philosophy Anthologies
Audience: General
Format: Paperback
Language: English
Number Of Pages: 436
Published: 24th February 2003
Publisher: John Wiley and Sons Ltd
Country of Publication: GB
Dimensions (cm): 24.59 x 17.17  x 2.36
Weight (kg): 0.75
Edition Number: 1