Law and Morality: Readings in Legal Philosophy

Предна корица
David Dyzenhaus, Arthur Ripstein
University of Toronto Press, 1.01.2001 г. - 1061 страници

This anthology has filled a long-standing need for a contemporary Canadian textbook in the philosophy of law. It includes articles, readings, and cases in legal philosophy that give students the conceptual tools necessary to consider the general problems of jurisprudence.

The collection begins with general questions about morality and law, drawing on both traditional literature on legal positivism and contemporary debates about the role of law as a tool in pursuit of equality. It explores the tensions between law as a protector of individual liberty and as a tool of democratic self-rule. The second part deals with these philosophical questions as they apply to contemporary issues. Included is an extensive sampling of the feminist writings that have been influential in both legal theory and Canadian law. Transcripts of judicial decisions are presented throughout to give students an appropriate sense of the complexity of legal reasoning.

This book strikes a balance between practical problems and the more analytic, philosophical frameworks. Its treatment of the philosophy of law as a branch of political philosophy enables students to understand law in its function as a social institution. This important resource book is a valuable text in both departments of philosophy and faculties of law.

 

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Съдържание

A HART Positivism and the Separation of Law and Morals
43
1958 43
68
Chapel 1868 LR 4 QB 147
81
RONALD DWORKIN Laws Ambitions for Itself 1985
105
RONALD DWORKIN Laws Empire 1986
119
Palmer 1889
134
Adjudication
140
Aves 35 Mass 193 1836
155
Civil Disobedience
520
RONALD DWORKIN Civil Disobedience 1979
542
The Limits of the Legal Order
561
Reference re Secession of Quebec 1998 2 SCR 217
605
SUJTT CHOUDHRY AND ROBERT HOWSE Constitutional Theory and
634
Constitutional
672
PATRICK MACKLEM Indigenous Difference and the Constitution of Canada
706
Speech Hate Propaganda and Pornography
746

Canada Minister of Justice 1991 2 SCR 779
173
JOHN FINNIS Natural Law and Legal Reasoning 1994
200
Feminist Approaches to the Rule of Law
218
The Queen 1990 55 CCC 3d 97
244
Law and Values Liberty Democracy and the Rule
259
CHARLESTAYLOR Whats Wrong with Negative Liberty 1985
280
PATRICK DEVLIN Morals and the Criminal Law 1965
308
RONALD DWORKIN Liberty and Moralism 1977
332
Hofer 1970 13 DLR 3d 1
368
Defining Family
411
Eganv Canada 1995 2 SCR 513
426
Michael H v Gerald D 491 U S 110 1989
439
Alberta 1998 1 SCR 493
477
FINNIS Law Morality and Sexual Orientation 1994
497
A Rhetorical Analysis
771
RvKeegstra 1990 3 SCR 697
793
City of St Paul 112 S Ct 2538 1992
833
American Booksellers v Hudnut 771 F 2d 323 7th Cir 1985
846
CATHARINE A MACKINNON Only Words 1993
876
Pornography Feminism
897
Little Sisters Book and Art Emporium v Canada Minister of Justice 2000
942
A Reply to Judith
970
Morgentaler Smolling and Scott v The Queen 1988 1 SCR 30
998
Constitutional
1017
Appendixes
1039
Glossary of Legal and Philosophical Terms
1052
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Информация за автора (2001)

David Dyzenhaus is a professor in the Faculty of Law and the Department of Philosophy at the University of Toronto.

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