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.
?Patterson collects fifteen of the classic articles in legal theory and presents them whole. The book provides an excellent introduction to several of the major topics making it useful both as a student text and as a sourcebook for academics and non-academics alike.? Larry Alexander, University of San Diego School of Law
?A wonderful selection from the classics in legal theory. It should prove an excellent and invaluable text for classroom use.? Brian Bix, University of Minnesota, author of Jurisprudence: Theory and Context
?Dennis Patterson has produced a fine anthology, one that will be particularly useful for those interested in learning about recent debates in analytic jurisprudence.? Jeremy Waldron, Columbia Law School
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).
Series: Blackwell Philosophy Anthologies
Number Of Pages: 436
Published: 24th February 2003
Publisher: John Wiley and Sons Ltd
Country of Publication: GB
Dimensions (cm): 25.3 x 17.91 x 2.44
Edition Number: 1