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Basic Themes in Law and Jurisprudence, 2000

Basic Themes in Law and Jurisprudence, 2000

Charles W. Collier, Professor of Law and Philosophy, University of Florida Fredric G. Levin College of Law


Availability: In Stock
Publisher :LexisNexis
Format: clothbound; 504 pp. , BOOK

ISBN: 9781422428979

2000
 
$134.00
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    This book is an introduction to law and jurisprudence. Instead of presenting these subjects as they happened to unfold historically, or as they have been advanced by various "schools," this book pursues five basic themes that inevitably emerge in the study of law and jurisprudence: Part I, Law and Society; Part II, Freedom and Necessity; Part III, The Reach of the Law; Part IV, The Legal and the Non-Legal; and Part V, Law and Morality. While these themes do not exhaust the study of either law or jurisprudence, they do focus attention on the most important issues.

    Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.

    Preface xv
    General Introduction xvii

    Part I
    Law and Society

    Introduction 1

    1. Communities in Crisis 1

    2. From Community to Society 2


    Chapter 1: Communities in Crisis 3

    Shirley Jackson, "The Lottery" (1948) 3

    A Trial of Witches (1682) 10

    Thomas J. Dimsdale, The Vigilantes of Montana (1866) 23

    Kai T. Erikson, "On the Sociology of Deviance," in Wayward Puritans (1966) 35

    Notes and Questions 50


    Chapter 2: From Community to Society 53

    Garrett Hardin, "The Tragedy of the Commons" (1968) 53

    The Federalist No. 10 (James Madison) (1787) 64

    Papachristou v. City of Jacksonville (1972) 69

    City of Chicago v. Wilson (1978) 74

    Walker v. Superior Court (1988) 77

    Paris Adult Theatre I v. Slaton (1973) 85

    Notes and Questions 91

    Part II
    Freedom and Necessity
    Introduction 93

    Chapter 3: Life or Death 95

    Regina v. Dudley and Stephens (1884) 95

    United States v. Holmes (1842) 102

    Lon L. Fuller, "The Case of the Speluncean Explorers" (1949) 115

    Notes and Questions 136

    Chapter 4: Self-Defense and Its Limits 139

    Bill Bell v. State (1885) 139

    People v. Goetz (1986) 143

    Notes and Questions 149

    Chapter 5: Other Forms of Necessity 151

    Bird v. Jones (1845) 151

    United States v. Moore (1973) 156

    Bailey v. Alabama (1911) 166

    Robert L. Hale, "Coercion and Distribution in a Supposedly Non-Coercive State" (1923) 173

    Notes and Questions 179

    Part III
    The Reach of the Law

    Introduction 181

    Chapter 6: Some Findings of Social Science 183

    Solomon E. Asch, "Opinions and Social Pressure" (1955) 183

    Stanley Milgram, "Behavioral Study of Obedience" (1963) 189

    Craig Haney, Curtis Banks & Philip Zimbardo, "A Study of Prisoners and Guards in a Simulated Prison" (1973) 201

    Katz v. Superior Court (1977) 215

    Notes and Questions 224

    Chapter 7: Warfare and the Reach of the Law 227

    The Nuremberg Trials: Justice Jackson's Report to the President (1945) 227

    The Nuremberg Trials: Proceedings (1946) 232

    The Nuremberg Trials: Judgment (1946) 245

    United States v. Calley (1973) 248

    Notes and Questions 259

    Chapter 8: The Abuse Excuse 261

    United States v. Alexander and Murdock (1972) 261

    Jahnke v. State (1984) 270

    State v. Norman (1989) 277

    Notes and Questions 288

    Part IV
    The Legal and the Non-Legal

    Introduction 291

    Chapter 9: Rule-Governed Institutions 293

    Ferdinand de Saussure, "Invariability and Variability of the Sign," in Course in General Linguistics (1916) 293

    Law No. 94-665 of 4 August 1994 Relative to the Use of the French Language (1994) 298

    Emily Post, Etiquette (1922) 302

    Emily Post, "The True Meaning of Etiquette." in Etiquette (10th ed. 1960) 309

    New York Rules of Court: Standards of Civility (1998) 311

    Gretchen Craft Rubin & Jamie G. Heller, "Restatement of Love" (1994) 315

    Cornell University Sexual Harassment Procedures (1991) 324

    Wildey v. Springs (1995) 328

    Notes and Questions 334

    Chapter 10: Smaller Groups and Associations 335

    "The Scout Law," Boy Scout Handbook (7th ed. 1965) 335

    Randall v. Orange County Council, Boy Scouts of America (1998) 338

    Dale v. Boy Scouts of America (1999) 343

    Walter O. Weyrauch, "Unwritten Constitutions, Unwritten Law" (1999) 350

    Dawkins v. Antrobus (1879) 364

    United States v. Ballard (1944) 370

    Stambovsky v. Ackley (1991) 376

    Notes and Questions 381

    Chapter 11: Quasi-Legal Governance 383

    Mercury Bay Boating Club v. San Diego Yacht Club (1989) 383

    Robert's Rules of Order Revised (1915) 392

    Department of the Army Field Manual, The Law of Land Warfare (1956) 400

    Notes and Questions 408

    Part V
    Law and Morality

    Introduction 409

    Chapter 12: The Realms of Law and Morality Distinguished 411

    Oliver Wendell Holmes, "The Path of the Law" (1897) 411

    H.L.A. Hart, "Moral and Legal Obligation," in The Concept of Law (1961) 417

    Riggs v. Palmer (1889) 426

    Notes and Questions 433

    Chapter 13: Legal Implications of Personal Morality 435

    Henry M. Hart, Jr. & Albert M. Sacks, "The Invitation to Dinner Case," in The Legal Process (1958) 435

    Hamer v. Sidway (1891) 437

    People v. Lafka (1959) 441

    Bowers v. Hardwick (1986) 443

    Notes and Questions 449

    Chapter 14: Are There Affirmative Legal Duties? 451

    Union Pacific Railway Co. v. Cappier (1903) 451

    People v. Beardsley (1907) 454

    Pope v. State (1979) 459

    Theodore Dreiser, An American Tragedy (1925) 465

    Notes and Questions 470

    Table of Cases 473

    Subject Matter Index 479

     

    Charles W. Collier


     

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