TY  - BOOK
AU  - Schauer,Frederick F.
AU  - Sinnott-Armstrong,Walter
TI  - The philosophy of law: classic and contemporary readings with commentary 
SN  - 0155008277
AV  - K231 .P46 1996
PY  - 1996///]
CY  - New York
PB  - Oxford University Press
KW  - Law
KW  - United States
KW  - Philosophy
N1  - Ch. 1; What is Law?; 1.1; The Theory of Natural Law; from Summa Theologiae; Thomas Aquinas; from Natural Law and Natural Rights; John Finnis; from The Morality of Law; Lon Fuller; 1.2; Legal Positivism; from The Province of Jurisprudence Determined and the Uses of the Study of Jurisprudence; John Austin; from The Concept of Law; H. L. A. Hart; 1.3; Legal Realism and Critical Legal Studies; from The Bramble Bush, "A Realistic Jurisprudence," and The Common Law Tradition; Karl Llewellyn; Freedom and Constraint in Adjudication: A Critical Phenomenology; Duncan Kennedy; 1.4; Ronald Dworkin and Law as Integrity; from Taking Rights Seriously; Ronald Dworkin; from Law's Empire; Ronald Dworkin; from Playing By the Rules; Frederick Schauer; 1.5; Case Study: The Fugitive Slave Laws; from Slavery in the Courtroom; Paul Finkelman --; Excerpt from official report of the case before Chief Justice Lemuel Shaw (Massachusetts); from Justice Accused; Robert M. Cover --; Ch. 2; Legal Reasoning; 2.1; The Interpretation of Legal Texts; Formalism; Frederick Schauer --; Home Building and Loan Association v. Blaisdell; from Government by Judiciary; Raoul Berger; from The Tempting of America; Robert Bork; The Misconceived Quest for the Original Understanding; Paul Brest; Natural Law Revisited; Ronald Dworkin --; United States v. Locke; Legal Formalism, Legal Realism, and the Interpretation of Statutes and the Constitution; Richard A. Posner --; Bray v. Alexandria Women's Health Clinic --; National Organization for Women v. Scheidler; 2.2; Reasoning from Precedent; On Analogical Reasoning; Cass R. Sunstein; Constrained by Precedent; Larry Alexander; Donoghue v. Stevenson; Planned Parenthood of Southeastern Pennsylvania v. Casey; 2.3; Critical Perspectives on Legal Reasoning; from Law and the Modern Mind; Jerome Frank; Following the Rules Laid Down; Mark Tushnet; In Context; Martha Minow and Elizabeth Spelman; from Economic Analysis of Law; Richard Posner --; Ch. 3; The Moral Force of Law; 3.1; Is There a Moral Obligation to Obey the Law?; Legal Obligation and the Duty of Fair Play; John Rawls; The Principle of Fair Play; A. John Simmons; 3.2; Civil Disobedience; The Justification of Civil Disobedience; John Rawls; from Democracy and Disobedience; Peter Singer; Walker v. Birmingham --; Ch. 4; The Structure and Content of Rights; 4.1; The Structure of Rights; The Nature and Value of Rights; Joel Feinberg; Hard Cases; Ronald Dworkin; Some Ruminations on Rights; Judith Jarvis Thomson; Craig v. Boren; 4.2; The Right to Liberty; from On Liberty; John Stuart Mill; from Liberty, Equality, Fraternity; James FitzJames Stephen; from Offense to Others; Joel Feinberg; New England Naturist Association v. Larsen; from On Liberty; John Stuart Mill; Paternalism; Gerald Dworkin; from The Enforcement of Morals; Patrick Devlin; from Law, Liberty, and Morality; H. L. A. Hart; Bowers v. Hardwick; 4.3; A Right to Free Speech; from On Liberty; John Stuart Mill; A Theory of Freedom of Expression; Thomas Scanlon; from Free Speech: A Philosophical Enquiry; Frederick Schauer; Definitional Preliminary; Paris Adult Theatre I v. Slaton; Pornography, Civil Rights, and 'Speech'; Catharine MacKinnon; American Booksellers Association, Inc. v. Hudnut; Women and Pornography; Ronald Dworkin; Collin v. Smith; Campus Antiracism Rules: Constitutional Narratives in Collision; Richard Delgado; If He Hollers Let Him Go: Regulating Racist Speech on Campus; Charles Lawrence; Regulating Racist Speech on Campus: A Modest Proposal?; Nadine Strossen; UMW Post, Inc. v. Board of Regents of University of Wisconsin; 4.4; The Right to Privacy; Griswold v. Connecticut; Interpretation and Historiography; David A. J. Richards; Neutral Principles and Some First Amendment Problems; Robert Bork; Roe v. Wade; The Root and Branch of Roe v. Wade; John Noonan; Reflections on Sex Equality Under Law; Catharine MacKinnon; Planned Parenthood of Southeastern Pennsylvania v. Casey; 4.5; The Right to Religious Freedom; Religious Belief and Public Morality: A Catholic Governor's Perspective; Mario Cuomo; The Pope's Submarine; John Garvey; Wallace v. Jaffree; Employment Division, Oregon Department of Human Resources v. Smith; 4.6; The Right to Property; What is Private Property?; Jeremy Waldron; Utility and Property; Alan Ryan; from The Lockean Theory of Rights; A. John Simmons; Penn Central Transportation Co. v. City of New York --; Ch. 5; Justice and Equality; 5.1; What is Justice?; The Empty Idea of Equality; Peter Westen; Is Equality a Totally Empty Idea?; Anthony D'Amato; 5.2; Theories of Justice; On the Connection between Justice and Utility; John Stuart Mill; from A Theory of Justice; John Rawls; from Anarchy, State, and Utopia; Robert Nozick; Morality and the Liberal Ideal; Michael Sandel; 5.3; Discrimination; The Equal Protection of the Laws; Joseph Tussman and Jacobus tenBroek; Groups and the Equal Protection Clause; Owen Fiss; Brown v. Board of Education; 5.4; Preferential Treatment; Why Bakke Has No Case; Ronald Dworkin; Why Racial Preference is Illegal and Immoral; Carl Cohen; Regents of University of California v. Bakke; Metro Broadcasting, Inc. v. Federal Communications Commission et al; 5.5; Equality for Women; Reflections on Sex Equality Under Law; Catharine MacKinnon; from Forbidden Grounds: The Case Against Employment Discrimination Laws; Richard Epstein; California Federal Savings and Loan v. Guerra; Meritor Savings Bank v. Vinson; 5.6; Equality for Homosexuals; Gay Rights; Richard Mohr; Sodom and Begorrah; Ernest van den Haag; Watkins v. United States Army; 5.7; Other Kinds of Discrimination --; Ch. 6; Punishment; 6.1; The Nature of Punishment; 6.2; Theories of Punishment; 6.3; Utilitarian Theories of Punishment; from An Introduction to the Principles of Morals and Legislation; Jeremy Bentham; Two Concepts of Rules; John Rawls; 6.4; Retributivisms; On the Right to Punish; Immanuel Kant; Harm and Retribution; Michael Davis; 6.5; Combinations and Alternatives; 6.6; Capital Punishment; The Collapse of the Case Against Capital Punishment; Ernest van den Haag; Justice, Civilization, and the Death Penalty; Jeffrey Reiman; Does it Matter if the Death Penalty is Arbitrarily Administered?; Stephen Nathanson; Furman v. Georgia; Gregg v. Georgia; McCleskey v. Kemp; Herrera v. Texas --; Ch. 7; Responsibility; 7.1; What is Responsibility?; 7.2; Legal Causation; from Causation in the Law; H. L. A. Hart and Tony Honore; Palsgraf v. Long Island Railroad; 7.3; Responsibility for Omissions; A Theory of Strict Liability; Richard Epstein; The Case for a Duty to Rescue; Ernest Weinrib; Farwell v. Keaton; 7.4; Mens Rea and Strict Liability; Strict Liability in the Criminal Law; Richard A. Wasserstrom; Tison v. Arizona; Lords' Decision on the Law of Rape; Glanville Williams; from Real Rape; Susan Estrich; Commonwealth v. Sherry; 7.5; The Insanity Defense; from Madness and the Criminal Law; Norval Morris; The Moral Basis of the Insanity Defense; Richard Bonnie; Selection from the transcript of John Hinckley's trial --; Ch. 8; Legal Procedure and Evidence; 8.1; The Burden of Proof; Decision Theory and the Factfinding Process; John Kaplan; On the Degree of Confidence for Adverse Decisions; Frederick Schauer and Richard Zeckhauser; In re Winship; 8.2; Probability and the Law of Evidence; Human Information Processing and Adjudication: Trial by Heuristics; Michael J. Saks and Robert F. Kidd; Liability and Individualized Evidence; Judith Jarvis Thomson; Smith v. Rapid Transit, Inc; People v. Collins; 8.3; Criminal Procedure and the Exclusionary Rule; The Exclusionary Rule: Costs and Viable Alternatives; Malcolm Wilkey; The Exclusionary Rule: A Prosecutor's Defense; Stephen H. Sachs; United States v. Leon; Appendix - The Constitution of the United States of America
UR  - https://global.oup.com/academic/product/philosophy-of-law-9780195155129?q=frederick%20schauer7&lang=en&cc=tr#
ER  -