Introduction to the Philosophy of Law

"This is the book I've been waiting for! A collaboration between a philosopher (White) and a legal scholar (Patterson), it contains both readings (classical and contemporary) and cases. All of the main theories of the nature of law are represented, from natural law and positivism (the stalwarts) to constructivism (Dworkin), consequentialism (Posner), critical legal studies, and feminist and the 'new' natural-law theory (Finnis), for a total of eight legalphilosophies. Unlike other introductory textbooks, this one includes cases in statutory interpretation and private law (contract and tort) as well as public law. Students and instructors will love thisbook."--Keith Burgess-Jackson, The University of Texas at Arlington"An excellent collection of materials on the single most important question in legal philosophy: What are the criteria by which we can settle the question of whether something is a rule of law? The case materials are also very well chosen."--Ronald Moore, University of Washington

• 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 Palsgraf 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. Glossary Index