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Analytic Jurisprudence Anthology

Analytic Jurisprudence Anthology

Anthony D'Amato, Leighton Professor of Law, Northwestern University School of Law


Availability: In Stock
Publisher :Anderson Publishing
Format: softcover; 289 pp. , BOOK

ISBN: 9780820570693

1996
 
$48.00
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    This Anthology may serve as a supplementary reader for undergraduate, graduate, and law school courses in Jurisprudence, Legal Philosophy, and Introduction to Law, or it may serve as the textbook for a jurisprudence course. Alternatively, it may be dipped into by anyone interested in the fascinating issues of legal philosophy.

    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.

    EDITOR'S PREFACE

    CHAPTER 1 FUNDAMENTAL THEMES

    A. The Facts: The Case of the Speluncean Explorers

    B. Natural Law

    C. Legal Indeterminacy

    D. Positivism

    E. Realism

    F. Formalism

    G. Pragmatism

    H. Justice

    CHAPTER 2 POSITIVISM

    A. The Command Theory of Law
    1. Positivism and Common Law
    2. Jurisprudential Positivism
    3. The Pure Theory of Law
    4. Positivism and the Separation of Law and Morals

    B. The Central Role of Language
    1. On Core and Penumbra
    2. Hart's Core and Penumbra
    3. Rules and Principles
    4. A Broader Notion of "Rule"
    5. Computerizing Substantive Law

    CHAPTER 3 NATURAL LAW

    A. Procedural Natural Law
    1. The Internal Morality of Law
    2. Reply to Professor Fuller
    3. Rejoinder to Professor Hart
    4. The Inner Morality of Law
    5. A Moral Aspect of Procedural Natural Law

    B. Substantive Natural Law
    1. The Case of the Grudge Informer
    2. The Grudge Informer
    3. Comment on the Grudge Informer
    4. Universal Ethics?
    5. Universal Morality

    C. Legal Obligation
    1. The Moral Dilemma of Positivism
    2. The Moral Obligation to Obey the Law
    3. There Is No Moral Obligation to Obey the Law
    4. Law Is Only a Fact, Not a Value
    5. Legal Scholarship

    D. Obligation and the Community
    1. Respect for the Law
    2. The Death of Socrates
    3. The Spontaneous Ordering of Human Relations
    4. Common Law and Reciprocity

    CHAPTER 4 FORMALISM

    A. Autonomy
    1. The Law Wishes to Have a Formal Existence
    2. The Semantics of Judging
    3. The Rule of Statutes
    4. Legal Formalities

    B. Deductive Logic
    1. Logic in the Law
    2. The Role of Deductive Logic
    3. Hard Cases
    4. Restating Dworkin's Argument

    C. Stare Decisis
    1. The Justification of Precedent
    2. The Concept of Precedent
    3. Rule-based Similarity
    4. The Precedent Court as Legislator
    5. Fact-based Similarity
    6. A Return to Stare Decisis
    7. Donoghue v. Stevenson
    8. The Indeterminacy of Holdings
    9. Generalizations

    D. Justification
    1. Justification and Wisdom
    2. Justification of Decisions
    3. Legalistic Justification

    E. Reasoning by Analogy
    1. The Analogical Development of the Common Law
    2. The Growth of the Law

    F. Hohteldian Analytic Jurisprudence
    1. Analytic Jurisprudence
    2. Hohfeld's Analytic Jurisprudence
    3. The Hohfeldian Approach to Law
    4. Entitlements
    5. Critique of Hohfeld
    6. The Structure of Entitlements

    CHAPTER 5 REALISM

    A. The Prediction Theory of Law
    1. The Bad Man Theory
    2. The Bramble Bush
    3. Is Law an Exact Science?
    4. Critique of Realism
    5. Law and the Modern Mind
    6. Real Rules
    7. Gargantua and Pantagruel
    8. Why Judges Write as They Do
    9. The Bad Man Revisited
    10. The Prediction Theory Works Only for Lawyers
    11. The Prediction Theory Cannot Work for a Judge
    12. The Prediction Theory Can Work for a Judge

    B. Easy Cases
    1. Easy Cases Are Unlitigated Cases
    2. Unlitigated Cases May Not Be Easy

    C. The Judge's Perspective
    1. The Judicial Reasoning Process
    2. Imagining a Judge's Reasoning Process

    CHAPTER 6 PRAGMATISM

    A. Indeterminacy
    1. The Case of the Under-aged President
    2. General Propositions
    3. Extending Rules to Hypothetical Situation
    4. Logic and Law
    5. Wittgenstein on Rules

    B. Plain Meaning
    1. Plain Meaning
    2. United States v. Locke

    C. Anti-Formalism
    1. Is Strict Formalism Impossible?
    2. An Appreciation of Kress's Result

    D. Pragmatism
    1. Pragmatism
    2. A Pragmatist Manifesto
    3. John Dewey: Law, Logic and Pragmatism
    4. The Entropy of Rules
    5. Legal Complexity
    6. Pragmatic Indeterminacy

    CHAPTER 7 JUSTICE

    A. Morality and Justice
    1. The Pure Theory of Law
    2. Recognizing Injustice
    3. The Subjectivity of Justice
    4. The Objectivity of Justice
    5. Justice and Equality

    B. The Tension Between Law and Justice
    1. The Sims Affair
    2. Thomas Sims's Case
    3. The Antislavery Judge

    C. Lawyers and Justice
    1. The Role of The Lawyer in D'Amato's Jurisprudence
    2. Elmer's Rule

    D. Compromise as Exact Justice
    1. The Common Law Should Provide for Compromise Verdicts
    2. The Common Law Should Not Provide For Compromise Verdicts

    E. Justice as Part of the Content of Law
    1. How Cases Are Decided
    2. Justice vs. Law
    3. The Newer Jurisprudence
    4. On the Connection Between Law and Justice

    F. Justice and Adjudication
    1. The Adversary System
    2. Advocacy and Justice
    3. Adjudication and Justice

    EDITOR'S EPILOGUE

     

    Anthony D'Amato


     

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