Patterson, Dennis : Rutgers the State University of New Jersey Camden Campus
Summary
The primary challenge in introducing undergraduates to the philosophy of law is to treat the subject matter
in a way which engages the students' curiosity about the law without sacrificing philosophical content. One limitation
of law textbooks is that they do not adequately bring out the connection between law and legal theory. In Introduction
to the Philosophy of Law, White and Patterson address this limitation by using a combination of case-based and
theory-based materials to show students how the philosophy of law is related to concrete and actual legal practice.
The book is divided into two parts. Part I consists of readings from philosophers representing eight influential
types of jurisprudence; natural law theory, positivism, constructivism, consequentialism, critical legal studies,
feminist theory, practice theory and 'new' natural law theory.
In Part II, the authors present a variety of cases that allow students to apply the theories of Part I to the actual
practice of law. Unlike competing textbooks that focus primarily on public law, Introduction to the Philosophy
of Law addresses both private and public law. Included are cases on statutory interpretation, contract law, tort
law, and public law. After each case, the authors provide questions for class discussion that address the philosophical
theories covered in Part I.
Uses a case-based approach to show students how the philosophy of law relates to the actual practice of law
Prepares students to address philosophical issues in case study by first giving them a command of eight major
contrasting positions in philosophy of law
Gives more coverage on private law than public law (private law is what law students concentrate on)
Brief essays preced and discussion questions follow each case
Table of Contents
Preface
Selection Authors
Part I: TYPES OF LEGAL PHILOSOPHY
1. Classical Natural Law Jurisprudence
Readings from Aristotle, Cicero, Aquinas, Grotius, and Blackstone
2. Positivism
Readings from H.L.A. Hart
3. Constructivism
Readings from Ronald Dworkin
4. Consequentialism
Readings from Richard Posner
5. Critical Legal Theory
Readings from Andrew Altman, Roberto Unger, and Martha Minow
Part I: Critical Legal Studies
Part II: Feminist Jurisprudence
6. Practice Theory
Readings from Phillip Bobbitt and Dennis Patterson
7. New Natural Law Theory
Readings from John Finnis
PART II. CASES IN STATUTORY INTERPRETATION, CONTRACT LAW, TORT LAW, AND PUBLIC LAW
8. Statutory Interpretation
Riggs v. Palmer
Church of the Holy Trinity v. United States
United Steelworkers of America, AFL-CIO v. Weber.
Lujan v. Defenders of Wildlife
9. Contract law
Hamer v. Sidway
C & J Fertilizer, Inc. v. Allied Mutual Insurance Company
Williams v. Walker-Thomas Furniture Company
In the Matter of Baby M
10. Tort Law
Plasgraf v. The Long Island Railroad Company
Dillon v. Legg
Thing v. LaChusa
Hymowitz v. Eli Lily and Company
Vincent et al. v. Lake Erie Transportation Company
11. Public Law
Texas v. Johnson
Home Building & Loan Ass'n v. Blaisdell
Meyer v. State of Nebraska
Everson v. Board of Education of Ewing TP.
