Law and Morality: Readings in Legal PhilosophyDavid Dyzenhaus, Arthur Ripstein University of Toronto Press, 2001 M01 1 - 1061 pages 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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Contents
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 |
SUJIT 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 |
CHARLES TAYLOR 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 |
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 |
Rv Keegstra 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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Law and Morality: Readings in Legal Philosophy David Dyzenhaus,Arthur Ripstein No preview available - 2001 |