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.
Dennis Patterson is Distinguished Professor of Law at Rutgers University, School of Law (Camden). 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 awarded Senior Research grants from Fulbright Commission and Humboldt Stiftung, and is a frequent lecturer at European universities.
Acknowledgments. Introduction. 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 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 F. Weinrib) 14. Law as Interpretation (Ronald Dworkin) 15. The Problem of Social Cost (Ronald H. Coase) Index.