CLASSIC RDG.+CANADIAN CASES IN

Name: CLASSIC RDG.+CANADIAN CASES IN
Availability: OutOfStock
ISBN: 9780130881984

ISBN-10: 0130881988

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List price: $59.80
Edition: 1st
Publisher: PEARSON
Publication date: 10/15/2001



Preface and Acknowledgements


Introduction



What Is Law?



Traditional Natural Law Theory: Law for the Common Good


"The Natural Law Theory of St. Thomas Aquinas II"




Legal Positivism I: Law as Command


"The Province of Jurisprudence Determined"




Legal Realism: Law as Judicial Pronouncement


"The Path of Law" ; Jerome Frank, "Law and the Modern Mind"




Legal Positivism II: Law as the Union of Primary and Secondary Rules


"The Concept of Law"




Law and Economics: Law as Efficiency


"Law and Economics"




Feminist Jurisprudence: Law as a Patriarchal Institution


"Feminist Jurisprudence"



"Toward Feminist Jurisprudence"




Two Cases for Discussion


R. v. City of Sault Ste. Marie 1978 R. v. Lavallee 1990



H.L.A. Hart And His Critics



The Separation Thesis


"Positivism and the Separation of Law and Morals"




The Morality of Law


"Positivism and Fidelity to Law: A Reply to Professor Hart" ; "The Morality of Law"




Law as a System of Rights


"The Model of Rules" ; "Hard Cases" ; "Integrity in Law"




Two Cases for Discussion


R. v. Oakes 1986 Norberg v. Wynrib 1992



Law And Liberty



In Defense of Liberty


"On Liberty"




Paternalism


"Paternalism"




Legal Moralism


"The Enforcement of Morals"




A Refutation of Legal Moralism


"Law, Liberty and Morality"




Four Cases for Discussion


R. v. Big M Drug Mart Ltd. 1985 R. v. Morgentaler 1988 R. v. Keegstra 1990 R. v. Butler 1992


Appendix: Selections from the Canadian Charter of Rights and Freedoms 1982


Glossary of Legal and Philosophical Terms