Frederick Schauer is David and Mary Harrison Distinguished Professor of Law at the University of Virginia.
Each sub-chapter opens with an Introduction and most close with Suggestions forFurther ReadingQuestions for Discussion are integrated throughout1. WHAT IS LAW?1.1 THE THEORY OF NATURAL LAWReadingsThomas Aquinas, from Summa TheologiaeJohn Finnis, from Natural Law and Natural RightsLon Fuller, from The Morality of Law1.2 LEGAL POSITIVISMReadingsJohn Austin, from The Province of Jurisprudence Determined and the Uses of theStudy of JurisprudenceH.L.A. Hart, from The Concept of Law1.3 LEGAL REALISM AND CRITICAL LEGAL STUDIESReadingsKarl Llewellyn, from The Bramble Bush, "A Realistic Jurisprudence," and TheCommon Law TraditionDuncan Kennedy, "Freedom and Constraint in Adjudication: A CriticalPhenomenology"1.4 RONALD DWORKIN AND LAW AS INTEGRITYReadingsRonald Dworkin, from Taking Rights SeriouslyRonald Dworkin, from Law''s EmpireFrederick Schauer, from Playing by the Rules1.5 CASE STUDY: THE FUGITIVE SLAVE LAWSReadingsPaul Finkelman, from Slavery in the CourtroomExcerpt from official report of the case before Chief Justice Lemuel Shaw(Massachusetts)Robert M. Cover, from Justice Accused2. LEGAL REASONING2.1 THE INTERPRETATION OF LEGAL TEXTSReadings and CasesFrederick Schauer, "Formalism"Home Building and Loan Association v. BlaisdellRaoul Berger, from Government by JudiciaryRobert Bork, from The Tempting of AmericaPaul Brest, "The Misconceived Quest for the Original Understanding"Ronald Dworkin, "Natural Law Revisited"United States v. LockeRichard A. Posner, "Legal Formalism, Legal Realism, and the Interpretation ofStatutes and the Constitution"Bray v. Alexandria Women''s Health ClinicNational Organization for Women v. Scheidler2.2 REASONING FROM PRECEDENTReadingsCass R. Sunstein, "On Analogical Reasoning"Larry Alexander, "Constrained by Precedent"CasesDonoghue v. StevensonPlanned Parenthood of Southeastern Pennsylvania v. Casey2.3 CRITICAL PERSPECTIVES ON LEGAL REASONINGReadingsJerome Frank, from Law and the Modern MindMark Tushnet, "Following the Rules Laid Down"Martha Minow and Elizabeth Spelman, "In Context"Richard Posner, from Economic Analysis of Law3. THE MORAL FORCE OF LAW3.1 IS THERE A MORAL OBLIGATION TO OBEY THE LAW?ReadingsJohn Rawls, "Legal Obligation and the Duty of Fair Play"A. John Simmons, "The Principle of Fair Play"3.2 CIVIL DISOBEDIENCEReadingsJohn Rawls, "The Justification of Civil Disobedience"Peter Singer, from Democracy and DisobedienceCaseWalker v. Birmingham4. THE STRUCTURE AND CONTENT OF RIGHTS4.1 THE STRUCTURE OF RIGHTSReadingsJoel Feinberg, "The Nature and Value of Rights"Ronald Dworkin, "Hard Cases"Judith Jarvis Thomson, "Some Ruminations on Rights"CaseCraig v. Boren4.2 THE RIGHT TO LIBERTYReadings and CasesThe Harm PrincipleJohn Stuart Mill, from On LibertyJames FitzJames Stephen, from Liberty, Equality, FraternityOffenseJoel Feinberg, from Offense to OthersNew England Naturist Association v. LarsenPaternalismJohn Stuart Mill, from On LibertyGerald Dworkin, "Paternalism"MoralismPatrick Devlin, from The Enforcement of MoralsH.L.A. Hart, from Law, Liberty, and MoralityBowers v. Hardwick4.3 A RIGHT TO FREE SPEECHReadingsJohn Stuart Mill, from On LibertyThomas Scanlon, "A Theory of Freedom of Expression"Frederick Schauer, from Free Speech: A Philosophical EnquiryCase Study: PornographyDefinitional PreliminaryParis Adult Theatre I v. SlatonCatherine MacKinnon, "Pornography, Civil Rights, and ''Speech''"American Booksellers Association, Inc. v. HudnutRonald Dworkin, "Women and Pornography"Case Study: Hate SpeechCollin v. SmithRichard Delgado, "Campus Antiracism Rules: Constitutional Narratives inCollision"Charles Lawrence, "If He Hollers Let Him Go: Regulating Racist Speech on Campus"Nadine Strossen, "Regulating Racist Speech on Campus: A Modest Proposal?"UMW Post, Inc. v. Board of Regents of University of Wisconsin4.4 THE RIGHT TO PRIVACYReadings and CasesGriswold v. ConnecticutPrivacy as a Constitutional RightDavid A.J. Richards, "Interpretation and Historiography"Robert Bork, "Neutral Principles and Some First