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The Case of Speluncean Explorers: Nine New Opinions includes a reprint of Lon Fuller's classic article and a much-needed revision of and addition to the five opening s originally expressed in the case by five Supreme Court Judges
The authors have retained most of the original text with revisions to reflect new developments, while adding edited reports of many new cases. The new cases emphasize recent decisions of the United States Supreme Court, but also include an eclectic group of decisions by state appellate courts. Instructors who wish to introduce students to the case method of legal analysis will find they have ample resources to do so; instructors who wish to emphasize textual description of the key features of the Anglo-American legal system will find all the necessary materials still at hand, and may pretermit the illustrative cases as they see fit.
Jurisprudence For a Free Society is a remarkable contribution to legal theory. In its comprehensiveness & systematic elaboration, it stands among the major theories. It is also the most important jurisprudential statement to emerge in the post-war period. The pioneering work of Lasswell & McDougal on law & policy is already legendary. Most of the work produced by these scholars together & in collaboration with their students represent applications of their basic theory to a wide assortment of international & national legal & policy problems. Now, for the first time, the authoritative statement of their legal philosophy appears as a single volume. In Part I the authors develop their fundamental criteria for a theory about law, including the requirements of clarifying observational standpoint, focus of inquiry & the pertinent intellectual tasks incumbent on the scholar & decisionmaker for determining & achieving common interests. Trends in theories about law, including Natural Law, the Historical School, Positivism, the Sociological Study of Law, American Legal Realism & other contemporary theories, are explored for what they might contribute to the achievement to the authors' conception of an adequate jurisprudence. In Part II, the social process as a whole & the particular value-institutional processes that comprise it are described & analyzed. Because people establish, maintain & change institutions, the dynamics of personality & personality's relation to law is delineated. Part III explores the intellectual tasks of policy thinking, from clarification of values, through description of trend, the scientific examination of conditions, projection of future developments & the invention of alternatives. Part IV examines the structure of decision in a free society, a society in which the achievement of human dignity is confirmed in both word & deed. Six appendices bring together monographs by the authors over a period of forty years which deal, in more detail, with particular matters treated in the body of the book.
Part lament, part provocative call-to-action, Democracy in Decline charts how democracy is being diluted and restricted in five of the world's oldest democracies - the United States, Canada, the United Kingdom, Australia, and New Zealand. James Allan targets four main, interconnected causes of decline - judicial activism, the transformation and growth of international law, the development of supranational organizations, and the presence of undemocratic elites. He presents a convincing argument that the same trends are occurring whether the country has a constitutional bill of rights (United States and Canada), a statutory bill of rights (the United Kingdom and New Zealand), or no bill of rights at all (Australia). Identifying tactics used by lawyers, judges, and international bureaucrats to deny that any decline has occurred, Allan looks ahead to further deterioration caused by attacks on free speech, intolerant worldviews, internationalization through treaties and conventions, and illegal immigration. Social and political decisions, Allan argues, must be based on counting every adult in a nation state as equal. An essential book for anyone concerned with majority rule and fairness in numbers, Democracy in Decline presents a clear, well-stated account of trends that have been undermining democracy over three decades.
In the past few decades, scientists of human nature—including experimental and cognitive psychologists, neuroscientists, evolutionary theorists, and behavioral economists—have explored the way we arrive at moral judgments. They have called into question commonplaces about character and offered troubling explanations for various moral intuitions. Research like this may help explain what, in fact, we do and feel. But can it tell us what we ought to do or feel? In Experiments in Ethics, the philosopher Kwame Anthony Appiah explores how the new empirical moral psychology relates to the age-old project of philosophical ethics. Some moral theorists hold that the realm of morality must be autonomous of the sciences; others maintain that science undermines the authority of moral reasons. Appiah elaborates a vision of naturalism that resists both temptations. He traces an intellectual genealogy of the burgeoning discipline of "experimental philosophy," provides a balanced, lucid account of the work being done in this controversial and increasingly influential field, and offers a fresh way of thinking about ethics in the classical tradition. Appiah urges that the relation between empirical research and morality, now so often antagonistic, should be seen in terms of dialogue, not contest. And he shows how experimental philosophy, far from being something new, is actually as old as philosophy itself. Beyond illuminating debates about the connection between psychology and ethics, intuition and theory, his book helps us to rethink the very nature of the philosophical enterprise.
The Legal and Ethical Environment of Business is a concise presentation of the key business-law topics that ensures every page is relevant, engaging, and interesting to today's learners. Summaries of cases and case excerpts improve student understanding. Plentiful embedded video links expand on topics to shed light on how law and ethics impact real-world business situations. This book encourages students to retain what they learn by understanding the reasons behind the law, rather than simply memorizing facts and cases.
Fuller, Lon L. The Law in Quest of Itself. Boston: Beacon Press, 1966. [vi], 150 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-32863. ISBN-13: 978-1-58477-016-9. ISBN-10: 1-58477-016-3. Cloth. $60.* Three lectures by the Harvard Law School professor examine legal positivism and natural law. In the course of his analysis Fuller discusses Kelsen's theory as a reactionary theory, and Hobbes' theory of sovereignty. He defines legal positivism as the viewpoint that draws a distinction "between the law that is and the law that ought to be..." (p.5) and interprets natural law as that which tolerates a combination of the two. He looks at the effects of positivism's continued influence on American legal thinking and concludes that law as a principle of order is necessary in a democracy.
A landmark work of political and legal philosophy, Ronald Dworkin's Taking Rights Seriously was acclaimed as a major work on its first publication in 1977 and remains profoundly influential in the 21st century. A forceful statement of liberal principles - championing the legal, moral and political rights of the individual against the state - Dworkin demolishes prevailing utilitarian and legal-positivist approaches to jurisprudence. Developing his own theory of adjudication, he applies this to controversial public issues, from civil disobedience to positive discrimination. Elegantly written and cuttingly insightful, Taking Rights Seriously is one of the most important works of public thought of the last fifty years.