000			03563nam a2200229Ia 4500
999			_c19245 _d19245
003			OSt
005			20210924121455.0
008			160316s2001 xxu||||| |||| 00| 0 eng d
020			_a9780534543525
040			_cn
082			_a340.1 ALT _bALT
100			_aAltman Andrew
245			_aArguing about law : An introduction to legal philosophy
250			_a2nd
260			_aAustralia _bWadsworth Publishing Company _c2001
300			_a319p _cxxi
365			_bRs.1,975
505			_aTable of contents Introduction. 1. The Rule of Law. The Impeachment of a President. Arbitrary Government and the Rule of Law. Corruption. Vengeance. Liberty and Prosperity. Hobbes and Austin: The Sovereign as Above the Law. The Crooked Timber of Humanity. Substantive v. Legal Justice. The Independent Counsel Controversy. Political Trials. The Impeachment Trial.; 2. Law and Morality. Judgment at Nuremberg. Natural Law Theory: Overview. Traditional Natural Law Theory: Background. Aquinas''''s Theory of Law. Assessing Aquinas. Fuller and Fidelity to Law. Dworkin''''s Interpretive Theory. Legal Positivism: Overview. Austin''''s Theory of Law. Hart: Law as Primary and Secondary Rules. Summary: Natural Law and Positivism; 3. The Constitution. Popular Government and the Rule of Law. The Troublesome" Provisions. The Supreme Court and Judicial Review. Judicial Review and the Rule of Law. Judicial Review and Democracy. Constitutional Interpretation: Implicit Rights? Framer's Intent. Original Understanding. Dworkin and the Constitution. Criticisms of Dworkin. High Crimes and Misdemeanors. Summary; 4. Private Law: Torts, Contracts, and Property. The Functions of Private Law. The Traditional Public-Private Distinction. Criticisms of the Public-Private Distinction. The Traditional Contract-Tort Distinction. Criticisms of the Contract-Tort Distinction. Defenses of the Contract-Tort Distinction. Assessing Traditionalism. Subjective and Objective Approaches in Tort Law. The Duty to Aid. Summary; 5. Criminal Law. Torts and Crimes. A Utilitarian Approach. A Retributivist Approach. The Therapeutic Model. Amount of Punishment. Mens Rea v. Strict Liability. The Limits of Criminal Law: The Public-Private Distinction. Summary; 6. Law and Economics. The Economic Analysis of Law. Economic Rationality. Economic Efficiency. The Efficiency of the Common Law. The Coase Theorem. An Efficiency Explanation of the Common Law. The Scientific Status of Law and Economics. The Evaluation of Law: Should Law Maximize Wealth? Political Disagreement in Law and Economics. Is Efficiency a Neutral Value? The Value of Efficiency; 7. Feminism and The Law. Feminism v. the Traditional View of Women. Types of Feminism. The Question of Patriarchy. The Question of Privacy: A Radical View. Abortion Rights: Beyond Privacy to Liberty. Abortion Rights: A Liberal View. Abortion Rights: The Liberal or Radical Approach? The Difference Debate. Pornography: Free Speech and Women''''s Rights. Pornography on Trial: American Booksellers v. Hudnut. Patriarchy Revisited. Conclusion; 8. Race and the Law. Race in America. Affirmative Action in Education. Race and Crime. Discrimination and Disparate Impact. Summary; 9. Critical Legal Studies. The Crits: An Introduction. Legal Reasoning: A Mainstream Account. Legal Reasoning: The Attack Begins. Legal Reasoning: The Crits Attack. Law, Liberty, and Liberalism. The Mainstream v. The Crits; Conclusion; Index.
650			_a1. Legal Philosophy 2. Law & Ethics 3. Law - Economics
700			_a _a
942			_2ddc _cBK