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Philosophical Problems in the Law

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ISBN-10: 0534519032

ISBN-13: 9780534519032

Edition: 3rd 2000

Authors: David M. Adams

List price: $93.95
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This collection of articles provides an introduction to the philosophy of law. Abstract topics and problems are situated within a concrete context of controversial cases and emerging issues and includes problems cases.
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Book details

List price: $93.95
Edition: 3rd
Copyright year: 2000
Publisher: Wadsworth
Publication date: 8/6/1999
Binding: Paperback
Pages: 608
Size: 7.48" wide x 9.45" long
Weight: 2.200
Language: English

David M. Adams received his Ph.D. from the University of Washington and a law degree from Stanford Law School. His publications include articles in legal theory, ethics, social philosophy, and bioethics. He currently teaches at California State Polytechnic University--Pomona, where he serves as the director of the Institute for Ethics and Public Policy.

The Nature of Law and Legal Reasoningp. 1
Philosophy and the Lawp. 3
What Is Law?p. 16
Trial of Border Guards, Berlin State Courtp. 20
Opening Address for the United States, Nuremberg Trialsp. 24
Nuremberg: A Fair Trial?p. 31
Report of the U.N. Secretary General: War Crimes Tribunal for the Former Yugoslaviap. 37
The Dilemmas of Transitional Justicep. 40
Classical Theories of Lawp. 46
What is Law?p. 52
Legal Positivismp. 54
Positivism and the Separation of Law and Moralsp. 59
The Morality of Lawp. 69
Modern Theories of Lawp. 75
The Path of the Lawp. 80
A Realistic Jurisprudence - The Next Stepp. 86
"Natural" Law Revisitedp. 90
Contemporary Perspectivesp. 97
Critical Legal Studies: An Introduction to Its Origins and Underpinningsp. 104
Critical Legal Studies and Liberalismp. 110
The Economic Approach to Lawp. 116
The Pragmatist and the Feministp. 126
Race and Essentialism in Feminist Legal Theoryp. 132
Racial Realismp. 136
Legal Reasoning and the Constitutionp. 142
Griswold v. Connecticutp. 147
Bowers v. Hardwickp. 153
The Right of Privacyp. 158
Originalism: The Lesser Evilp. 161
Constitutional Interpretation and Original Meaningp. 166
Cases for Further Reflectionp. 176
Riggs et al. v. Palmerp. 176
The Amistadp. 181
The Antelopep. 184
The Problem of the Grudge Informerp. 186
People v. Hallp. 191
Law, Liberty, and Moralityp. 193
Boundaries of the Law: Enforcing Morality and Justifying Disobediencep. 194
People v. Edgar S. Bullingtonp. 197
On Libertyp. 200
The Enforcement of Moralsp. 202
Law, Liberty, and Moralityp. 207
United States of America v. Schoonp. 210
Letter from Birmingham Jailp. 213
Freedom of Expression and Hate-Speechp. 220
Cohen v. Californiap. 223
Liberalism, Speech Codes, and Related Problemsp. 227
Words That Woundp. 232
Regulating Racist Speech on Campus: A Modest Proposal?p. 241
Obscenity and Pornographyp. 245
Reno v. American Civil Liberties Unionp. 249
American Booksellers Association v. Hudnutp. 252
Obscenity as Pornographyp. 257
Pornography: On Morality and Politicsp. 264
Freedom of Religionp. 271
Minersville School District v. Gobitisp. 272
Church of the Lukumi Babalu Aye v. City of Hialeahp. 278
Employment Division, Department of Human Resources of Oregon v. Smithp. 280
The Accommodation of Religionp. 283
Cases for Further Reflectionp. 290
South Florida Free Beaches Inc. v. City of Miami, Floridap. 290
Texas v. Johnsonp. 291
Hernandez v. Commonwealth of Virginiap. 295
Reynolds v. U.S.p. 297
Wisconsin v. Yoderp. 299
Equality and the Lawp. 303
Constitutional Equality and Preferential Treatmentp. 304
Regents of the University of California v. Bakkep. 311
Cheryl J. Hopwood v. State of Texasp. 315
Puzzles About Equalityp. 319
The Case Against Antidiscrimination Lawp. 322
A Defense of Affirmative Actionp. 331
Affirmative Actionp. 335
Sex, Gender, and Equalityp. 341
United States v. Virginiap. 346
Michael M. v. Superior Court of Sonoma Countyp. 352
The Dilemma of Differencep. 356
The Assimilationist Idealp. 361
A Black Feminist Critique of Antidiscrimination Lawp. 369
Cases for Further Reflectionp. 376
Loving v. Virginiap. 376
Adarand Constructors v. Penap. 379
Personnel Administrator of Massachusetts v. Feeneyp. 384
Romer v. Evansp. 388
Criminal Lawp. 391
What Is a Crime?p. 392
The Significance of Sufferingp. 398
People v. Dlugashp. 407
The Crime that Never Wasp. 411
Justification and Excusep. 425
Excuses in the Criminal Lawp. 433
State v. Leidholmp. 442
The Battered Woman's Defensep. 444
State v. Cameronp. 452
The Abolition of the Insanity Defensep. 455
The Decline of Innocencep. 459
Punishment and Responsibilityp. 467
Penalties and Opportunitiesp. 471
The Argument for Retributivismp. 479
Payne v. Tennesseep. 484
Restitution: A New Paradigm of Criminal Justicep. 489
The Death Penaltyp. 497
Gregg v. Georgiap. 503
The Death Penalty Once Morep. 508
A Reply to Van Den Haagp. 515
McCleskey v. Kempp. 523
Homicide, Race and Capital Punishmentp. 527
Cases for Further Reflectionp. 536
Goldschmitt v. Floridap. 536
The Case of the Dog "Provetie"p. 538
Coker v. Georgiap. 539
Rummel v. Estellep. 543
Tort Lawp. 547
Justice, Compensation, and Tortp. 549
Hammontree v. Jennerp. 554
Torts and Compensationp. 556
Justice and the Costs of Automobile Accidentsp. 560
Individualized Justice, Mass Torts, and "Settlement Class Actions": An Introductionp. 569
Causation and Liabilityp. 574
Lynch v. Fisherp. 580
Palsgraf v. Long Island Railroadp. 584
Tracing Consequencesp. 590
The Decline of Causep. 599
Acts, Omissions, and the Duty to Rescuep. 609
McFall v. Shimpp. 613
The Case for a Duty to Rescuep. 614
Cases for Further Reflectionp. 623
Derdiarian v. Felix Contracting Corpp. 623
Harper v. Hermanp. 626
Summers v. Ticep. 628
Yania v. Biganp. 631
Legal Citations and Law Reportsp. 635
The Constitution of the United Statesp. 637
Legal Resources on the Internetp. 643
Glossary of Legal Termsp. 647
Table of Contents provided by Blackwell. All Rights Reserved.