Since its first publication in 1996, Law and Morality has filled a long-standing need for a contemporary Canadian textbook in the philosophy of law. Now in its third edition, this anthology has been thoroughly revised and updated, and includes new chapters on equality, judicial review, and terrorism and the rule of law. The volume begins with essays that explore general questions about morality and law, surveying the traditional literature on legal positivism and contemporary debates about the connection between law and morality. These essays explore the tensions between law as a protector of individual liberty and as a tool of democratic self-rule, and introduce debates about adjudication and the contribution of feminist approaches to the philosophy of law. New material on the Chinese Canadian head tax case is also featured. The second part of Law and Morality deals with philosophical questions as they apply to contemporary issues. Excerpts from judicial decisions as well as essays by practicing lawyers are included to provide theoretically informed legal analyses of the issues.
Striking a balance between practical and more analytic, philosophical approaches, the volume's treatment of the philosophy of law as a branch of political philosophy enables students to understand law in its function as a social institution. Law and Morality has proved to be an essential text in both departments of philosophy and faculties of law and this latest edition brings the debates fully up to date, filling gaps in the previous editions and adding to the array of contemporary issues previously covered.
David Dyzenhaus is a professor in the Faculty of Law and the Department of Philosophy at the University of Toronto. Sophia Reibetanz Moreau is an assistant professor in the Faculty of Law and the Department of Philosophy at the University of Toronto. Arthur Ripstein is a professor in the Faculty of Law and the Department of Philosophy at the University of Toronto.
PREFACE TO THE THIRD EDITION PREFACE TO THE SECOND EDITION PREFACE TO THE FIRST EDITION PART ONE: MORALITY AND THE RULE OF LAW Chapter 1: Positivism, Legal Order, and Morality THOMAS HOBBES Leviathan (1651) H.L.A. HART "Positivism and the Separation of Law and Morals" (1958) H.L.A. HART The Concept of Law (1961) Whitely v. Chapel (1868) LR 4 QB 147 LON L. FULLER "Positivism and Fidelity to Law - A Reply to Professor Hart" (1958) RONALD DWORKIN "Law's Ambitions for Itself" (1985) RONALD DWORKIN Law's Empire (1986) GUSTAV RADBRUCH "Statutory Lawlessness and Supra-Statutory Law" (1946) Riggs v. Palmer 22 N.E. 188 (1889) TONY HONOR "The Necessary Connection between Law and Morality" (2002) The Queen v. Dudley and Stephens (1884) 14 QBC 273 Harvard College v. Canada (Commissioner of Patents)  4 SCR 45 Chapter 2: Adjudication HERMAN MELVILLE Billy Budd, Sailor (1929) ROBERT COVER "Of Creon and Captain Vere" (1976) Commonwealth v. Aves 35 Mass. 193 (1836) Sims's Case (1851) 7 Cush. 285 ANTHONY SEBOK "Judging the Fugitive Slave Acts" (1991) The Chinese Head Tax Case (2002) Mack v. Attorney General of Canada (2002) MAYO MORAN "Time, Place, and Values: Mack and the Influence of the Charter on Private Law" (2005) Chapter 3: Feminist Approaches to the Rule of Law CATHARINE A. MACKINNON "The Liberal State" (1989) KATHLEEN A. KENEALY "Sexual Harassment and the Reasonable Woman Standard" (1992) Ellison v. Brady 924 F.2d 872 (U.S.A. 9th Circuit, 1991) R. v. S (RD),  3 SCR 484 Lavallee v. The Queen (1990) 55 CCC (3d) 97 Chapter 4: Law and Values: Liberty, Democracy, and the Rule of Law JOHN STUART MILL On Liberty (1859) R. v. Malmo-Levine; R. v. Caine  3 SCR 571 R. v. Labaye  3 SCR 728, 2005 SCC 80 ISAIAH BERLIN "Two Concepts of Liberty" (1969) CHARLES TAYLOR "What's Wrong with Negative Liberty" (1985) PATRICK DEVLIN "Morals and the Criminal Law" (1965) RONALD DWORKIN "Liberty and Moralism" (1977) Hofer v. Hofer (1970) 13 DLR 3d 1 JEAN HAMPTON "Democracy and the Rule of Law" (1994) PART TWO: SOME CONTEMPORARY ISSUES Chapter 5: Equality CHARLES TAYLOR Multiculturalism and the Politics of Recognition (1992) Halpern v. Canada (Attorney General)  OJ no. 2268 Reference Re Same Sex Marriage  3 SCR 698 NITYA IYER "Categorical Denials: Equality Rights and the Shaping of Social Identity" (1993-4) Egan v. Canada  2 SCR 513 Bowers v. Hardwick 478 U.S. 186 (1986) Lawrence v. Texas 539 U.S. 558 (2003) Vriend v. Alberta  1 SCR 493 Chapter 6: Judicial Review WIL WALUCHOW "Constitutions as Living Trees: An Idiot Defends" (2005) KENT ROACH "Dialogic Judicial Review and Its Critics" (2005) MARK TUSHNET "Weak-Form Judicial Review: Its Implications for Legislatures" (2005) Reference re Secession of Quebec  2 SCR 217 Chapter 7: Terrorism, States of Emergency, and the Rule of Law DAVID COLE "Judging the Next Emergency: Judicial Review and Individual Rights in Times of Crisis" (2002) Public Commission Against Torture in Israel v. Government of Israel (1999) Hamdi v. Rumsfeld (2004) A and others v. Secretary of State for the Home Department  2 AC 68 "Authorization to shoot down aircraft in the Aviation Security Act void" (2006) Chapter 8: Speech, Hate Propaganda, and Pornography JOEL FEINBERG "Pornography and the Criminal Law" (1979) T.M. SCANLON "A Theory of Freedom of Expression" (1972) R. v. Keegstra  3 SCR 697 R.A.V. v. City of St Paul 112 S.Ct. 2538 (1992) Virginia v. Black 538 U.S. 343 (2003) American Booksellers v. Hudnut 771 F.2d 323 (7th Cir. 1985) SEANA VALENTINE SHIFFRIN "Speech, Death, and Double Effect" (2003) R. v. Butler  1 SCR 452 CATHARINE A. MACKINNON Only Words (1993) RONALD DWORKIN "Two Concepts of Liberty" (1991) BRENDA COSSMAN Bad Attitude/s on Trial: Pornography, Feminism, and the Butler Decision (1997) Little Sisters Book and Art Emporium v. Canada (Minister of Justice) 2000 SCC 69 L.W. SUMNER The Hateful and the Obscene (2004) 1024 Appendixes 1 The Canada Act and the Canadian Charter of Rights and Freedoms 2 An Overview of the Canadian Legal System: Division of Powers and Essentials of Procedure 3 Glossary of Legal and Philosophical Terms SOURCES AND CREDITS