Philosophy of Law : Classic and Contemporary

Philosophy of Law provides a rich overview of the diverse theoretical justifications for our legal rules, systems, and practices. Utilizes the work of both classical and contemporary philosophers to illuminate the relationship between law and morality Introduces students to the philosophical underpinnings of International Law and its increasing importance as we face globalization Features concrete examples in the form of cases significant to the evolution of law Contrasts Anglo-American law with foreign institutions and practices such as those in China, Japan, India, Ireland and Canada Incorporates diverse perspectives on the philosophy of law ranging from canonical material to feminist theory, critical theory, postmodernism, and critical race theory

Larry May, JD, PhD., is Professor of Philosophy at Washington University in St Louis, and Strategic Research Professor of Social Justice at the Centre for Applied Philosophy and Public Ethics, Charles Sturt University in Canberra. He specializes in political philosophy, and is the author or editor of 21 books, including Sharing Responsibility (1992), Crimes Against Humanity: A Normative Account (2005), War Crimes and Just War (2007), and Aggression and Crimes Against Peace (2008).

Jeff Brown has a JD from Vanderbilt University and an MA from Washington University in St Louis, where he is now completing his PhD.

Preface	p. ix
Source Acknowledgments	p. xii
Introduction	p. 1
Legal Reasoning	p. 5
Introduction	p. 7
An Introduction to Legal Reasoning	p. 11
Remarks on the Theory of Appellate Decision and the Rules or Canons about how Statutes are to be Construed	p. 23
Formalism	p. 32
Incompletely Theorized Agreements	p. 43
Custom, Opinio Juris, and Consent	p. 54
Lochner v. New York (1905)	p. 70
Questions	p. 77
Jurisprudence	p. 79
Introduction	p. 81
The Concept of Law	p. 85
The Model of Rules I	p. 99
Law as Justice	p. 108
The Economic Approach to Law	p. 129
The Distinction between Adjudication and Legislation	p. 135
Critical Race Theory: The Key Writings that Formed the Movement	p. 145
Feminist Legal Critics: The Reluctant Radicals	p. 152
Riggs v. Palmer (1889)	p. 164
Questions	p. 170
International Law	p. 171
Introduction	p. 173
International Law	p. 175
The Nature of Jus Cogens	p. 184
A Philosophy of International Law	p. 187
The Limits of International Law	p. 200
The Internal Legitimacy of Humanitarian Intervention	p. 209
Humanitarian Intervention: Problems of Collective Responsibility	p. 221
Humanitarian Intervention: Some Doubts	p. 233
Prosecutor v. Tadić (1995)	p. 240
Questions	p. 244
Property	p. 245
Introduction	p. 247
Of Property	p. 251
Locke's Theory of Acquisition	p. 258
Property, Title, and Redistribution	p. 263
Philosophical Implications	p. 269
The Social Structure of Japanese Intellectual Property Law	p. 281
Historical Rights and Fair Shares	p. 286
International News Service v. Associated Press (1918)	p. 291
Questions	p. 299
Torts	p. 301
Introduction	p. 303
Causation and Responsibility	p. 307
Sua Culpa	p. 315
Fairness and Utility in Tort Theory	p. 322
Tort Liability and the Limits of Corrective Justice	p. 330
A Theory of Strict Liability	p. 338
The Question of a Duty to Rescue in Canadian Tort Law: An Answer From France	p. 348
Tarasoff v. Regents of University of California (1976)	p. 356
Questions	p. 362
Criminal Law	p. 363
Introduction	p. 365
On Liberty	p. 369
The Enforcement of Morals	p. 377
Crime and Punishment: An Indigenous African Experience	p. 384
The Mind and the Deed	p. 392
Between Impunity and Show Trials	p. 402
Atrocity, Punishment, and International Law	p. 411
Defending International Criminal Trials	p. 423
Opening Statement before the International Military Tribunal (1945)	p. 435
Questions	p. 441
Contracts	p. 443
Introduction	p. 445
Of the First and Second Natural Laws, and of Contracts	p. 449
The Practice of Promising	p. 455
Contract as Promise	p. 465
Legally Enforceable Commitments	p. 479
Unconscionability and Contracts	p. 487
South African Contract Law: The Need for a Concept of Unconscionability	p. 500
Williams v. Walker-Thomas Furniture Co. (1965)	p. 511
Question	p. 515
Constitutional Law	p. 517
Introduction	p. 519
Constitutional Cases	p. 523
Does the Constitution Mean What It Always Meant?	p. 535
What's Wrong with Chinese Rights? Toward a Theory of Rights with Chinese Characteristic	p. 548
Poverty and Constitutional Justice: The Indian Experience	p. 569
Natural Law: Alive and Kicking? A Look at the Constitutional Morality of Sexual Privacy in Ireland	p. 585
Peremptory Norms as International Public Order	p. 602
The Gender of Jus Cogens	p. 610
Plessy v. Ferguson (1896)	p. 620
Question	p. 626
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Philosophy of Law : Classic and Contemporary Readings

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