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Arguing About Law
Arguing About Law
Author: Kavanagh, Aileen
Edition/Copyright: 2009
ISBN: 0-415-46242-8
Publisher: Routledge N. Y.
Type: Paperback
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Summary
Table of Contents
 
  Summary

Arguing about Lawintroduces philosophy of law in an accessible and engaging way. The reader covers a wide range of topics, from general jurisprudence, law, the state and the individual, to topics in normative legal theory, as well as the theoretical foundations of public and private law. In addition to including many classics, Arguing About Lawalso includes both non-traditional selections, and discussion of timely topical issues like the legal dimension of the war on terror.The editors provide lucid introductions to each section in which they give an overview of the debate and outline the arguments of the papers, helping the student get to grips with both the classic and core arguments and emerging debates in:the nature of lawlegality and moralitythe rule of lawthe duty to obey the lawlegal enforcement of sexual moralitythe nature of rightsrights in an age of terrorconstitutional theorytorttheory.Arguing About Lawis an inventive and stimulating reader for students new to philosophy of law, legal theory and jurisprudence.Aileen Kavanaghis Reader in Law at the University of Leicester, UK.John Oberdiekis Associate Professor of Law at the Rutgers University School of Law-Camden, USA and Co-Director of the Rutgers Institute for Law and Philosophy

 
  Table of Contents
General Jurisprudence 1. The Nature of Law: Framing the Debate 1. Oliver Wendell Holmes, The Path of the Law 2. H. L. A. Hart, Positivism and the Separation of Law and Morals 3. Lon L. Fuller, Positivism and Fidelity to Law: A Reply to Professor Hart 4. Ronald Dworkin, The Model of Rules 2. Legality and Morality 5. Joseph Raz, Legal Positivism and the Sources of Law 6. Jules Coleman, Negative and Positive Positivism 7. Robert George, Natural Law and Positive Law 8. Ronald Dworkin, Law as Interpretation 9. John Gardner, Legal Positivism: 5 Myths Law, the State and the Individual 3. The Rule of Law 10. Joseph Raz, The Rule of Law and its Virtue 11. Ronald Dworkin, Political Judges and the Rule of Law 12. Jeremy Waldron, The Rule of Law as a Theater of Debate 4. The Duty to Obey the Law 13. Joseph Raz, The Obligation to Obey: Revision and Tradition 14. John Rawls, The Justification of Civil Disobedience 15. Martin Luther King, Jr., Letter from a Birmingham Jail 5 . The Legal Enforcement of Sexual Morality 16. John Finnis, Law, Morality, and 'Sexual Orientation' 17. Stephen Macedo, Against the Old Sexual Morality of the New Natural Law Rights 6. The Nature of Rights 18. H. L. A. Hart, Are There Any Natural Rights? 19. Neil MacCormick, Rights in Legislation 20. Ronald Dworkin, Rights as Trumps 21. Joseph Raz, Rights and Individual Well-Being 7. Rights, Terrorism, and Torture 22. Jeremy Waldron, Security and Liberty: The Image of Balance 23. Henry Shue, Torture in Dreamland: Disposing of the Ticking Bomb 24. Jeff McMahan, Torture, Morality, and the Law Theorizing Areas of Law 8. Constitutional Theory Authority and Interpretation 25. Jeremy Waldron, A Rights-Based Critique of Constitutional Rights 26. Cecile Fabre, The Dignity of Rights , 27. Andrei Marmor, excerpt on constitutional interpretation from Interpretation and Legal Theory 28. Antonin Scalia, excerpt on constitutional interpretation from A Matter of Interpretation:
 

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