Philosophy of Law and Legal Theory

Dennis Patterson is Distinguished Professor of Law (Camden) and Philosophy (New Brunswick) at Rutgers University. He is the author of Law and Truth (1996) and editor of A Companion to Philosophy of Law and Legal Theory (Blackwell, 1996). He has been a Fellow in the Politics Department at Princeton University and a Visiting Professor at Humboldt University in Berlin and the University of Vienna.

‘Patterson collects fifteen of the classic articles in legal theory and presents them whole. The book provides an excellent introduction to several of the major topics making it useful both as a student text and as a sourcebook for academics and non-academics alike.’ Larry Alexander, University of San Diego School of Law ‘A wonderful selection from the classics in legal theory. It should prove an excellent and invaluable text for classroom use.’ Brian Bix, University of Minnesota, author of Jurisprudence: Theory and Context ‘Dennis Patterson has produced a fine anthology, one that will be particularly useful for those interested in learning about recent debates in analytic jurisprudence.’ Jeremy Waldron, Columbia Law School

• Acknowledgments viiIntroduction 1Part I Nature of Law 71 The Path of the Law 9O. W. Holmes2 A Realistic Jurisprudence ­– The Next Step 22Karl Llewellyn3 The Model of Rules 46Ronald DworkinPart II Relation of Law and Morality 674 Positivism and the Separation of Law and Morals 69H. L. A. Hart5 Positivism and Fidelity to Law: A Reply to Professor Hart 91Lon L. Fuller6 Negative and Positive Positivism 116Jules L. Coleman7 On the Incoherence of Legal Positivism 134John FinnisPart III Theories of Adjudication 1458 Hard Cases 147Ronald Dworkin9 What has Pragmatism to Offer Law? 180Richard A. PosnerPart IV Legal Indeterminacy 19110 Form and Substance in Private Law Adjudication 193Duncan Kennedy11 Legal Indeterminacy 253Ken KressPart V Rights and other Legal Concepts 29312 Some Fundamental Legal Conceptions as Applied in Judicial Reasoning 295Wesley N. HohfeldPart VI The Autonomy of Law and Legal Reasoning 32313 Legal Formalism: On the Immanent Rationality of Law 325Ernest J. Weinrib14 Law as Interpretation 374Ronald Dworkin15 The Problem of Social Cost 389Ronald H. CoaseIndex 420