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Vol 24 No 2 Feb/March 2019

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Philosophy of Law and Legal Theory

Edited by: Dennis Patterson

ISBN13: 9780631202882
ISBN: 0631202889
Published: June 2005
Publisher: Wiley-Blackwell
Country of Publication: UK
Format: Paperback
Price: £35.99

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This carefully selected set of readings presents some of the most important articles in the field. The collection is essential reading for anyone with an interest in legal philosophy.

The articles in this anthology are a natural addition to the superb set of original essays in A Companion to the Philosophy of Law and Legal Theory. Taken together, these two volumes provide a compelling overview of the best work in contemporary legal theory and are essential reading for beginning law students.

Part I: Nature of Law:
1. The Path of the Law: O. W. Holmes.
2. A Realistic Jurisprudence - The Next Step: Karl Llewellyn.
3. The Model of Rules: Ronald Dworkin.

Part II: Relation of Law and Morality:
4. Positivism and the Separation of Law and Morals: H. L. A. Hart.
5. Positivism and the Fidelity to Law: A Reply to Professor Hart: Lon L. Fuller.
6. Negative and Positive Positivism: Jules L. Coleman.
7. On the Incoherence of Legal Positivism: John Finnis.

Part III: Theories of Adjudication:
8. Hard Cases: Ronald Dworkin.
9. What has Pragmatism to Offer Law?: Richard A. Posner.

Part IV: Legal Indeterminacy:
10. Form and Substance in Private Law Adjudication: Duncan Kennedy.
11. Legal Indeterminacy: Ken Kress.
Part V: Rights and Other Legal Concepts:
12. Some Fundamental Legal Conceptions as Applied in Judicial Reasoning: Wesley N. Hohfeld.

Part VI: The Autonomy of Law and Legal Reasoning:
13. Legal Formalism: On the Immanent Rationality of Law: Ernest Weinrib.
14. Law as Interpretation: Ronal Dworkin.
15. The Problem of Social Cost: Ronald H. Coase.