Description
Book SynopsisThis 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.
Trade Review‘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
Table of ContentsAcknowledgments vii
Introduction 1
Part I Nature of Law 7
1 The Path of the Law 9
O. W. Holmes
2 A Realistic Jurisprudence – The Next Step 22
Karl Llewellyn
3 The Model of Rules 46
Ronald Dworkin
Part II Relation of Law and Morality 67
4 Positivism and the Separation of Law and Morals 69
H. L. A. Hart
5 Positivism and Fidelity to Law: A Reply to Professor Hart 91
Lon L. Fuller
6 Negative and Positive Positivism 116
Jules L. Coleman
7 On the Incoherence of Legal Positivism 134
John Finnis
Part III Theories of Adjudication 145
8 Hard Cases 147
Ronald Dworkin
9 What has Pragmatism to Offer Law? 180
Richard A. Posner
Part IV Legal Indeterminacy 191
10 Form and Substance in Private Law Adjudication 193
Duncan Kennedy
11 Legal Indeterminacy 253
Ken Kress
Part V Rights and other Legal Concepts 293
12 Some Fundamental Legal Conceptions as Applied in Judicial Reasoning 295
Wesley N. Hohfeld
Part VI The Autonomy of Law and Legal Reasoning 323
13 Legal Formalism: On the Immanent Rationality of Law 325
Ernest J. Weinrib
14 Law as Interpretation 374
Ronald Dworkin
15 The Problem of Social Cost 389
Ronald H. Coase
Index 420
