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Basic Themes in Law and Jurisprudence

Basic Themes in Law and Jurisprudence - 00 edition

Basic Themes in Law and Jurisprudence - 00 edition

ISBN13: 9781583607633

ISBN10: 1583607633

Basic Themes in Law and Jurisprudence by Charles W. Collier and Fredric G. Levin - ISBN 9781583607633
Edition: 00
Copyright: 2000
Publisher: Anderson Publishing Co.
Published:
International: No
Basic Themes in Law and Jurisprudence by Charles W. Collier and Fredric G. Levin - ISBN 9781583607633

ISBN13: 9781583607633

ISBN10: 1583607633


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Summary

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.

Author Bio

Collier, Charles W. : University of Florida

Professor of Law and Philosophy University of Florida Fredric G. Levin College of Law

Table of Contents

Table of Contents

General Introduction

Part I Law and Society

Introduction

1. Communities in Crisis
2. From Community to Society

Chapter 1: Communities in Crisis

Shirley Jackson, ''The Lottery'' (1948)
A Trial of Witches (1682)
Thomas J. Dimsdale, The Vigilantes of Montana (1866)
Kai T. Erikson, ''On the Sociology of Deviance,'' in Wayward Puritans (1966)
Notes and Questions

Chapter 2: From Community to Society

Garrett Hardin, ''The Tragedy of the Commons'' (1968)
The Federalist No. 10 (James Madison) (1787)
Papachristou v. City of Jacksonville (1972)
City of Chicago v. Wilson (1978)
Walker v. Superior Court (1988)
Paris Adult Theatre I v. Slaton (1973)
Notes and Questions

Part II Freedom and Necessity

Introduction

Chapter 3: Life or Death

Regina v. Dudley and Stephens (1884)
United States v. Holmes (1842)
Lon L. Fuller, ''The Case of the Speluncean Explorers'' (1949)
Notes and Questions

Chapter 4: Self-Defense and Its Limits

Bill Bell v. State (1885)
People v. Goetz (1986)
Notes and Questions

Chapter 5: Other Forms of Necessity

Bird v. Jones (1845)
United States v. Moore (1973)
Bailey v. Alabama (1911)
Robert L. Hale, ''Coercion and Distribution in a Supposedly Non-Coercive State'' (1923)
Notes and Questions

Part III The Reach of the Law

Introduction

Chapter 6: Some Findings of Social Science

Solomon E. Asch, ''Opinions and Social Pressure'' (1955)
Stanley Milgram, ''Behavioral Study of Obedience'' (1963)
Craig Haney, Curtis Banks & Philip Zimbardo, ''A Study of Prisoners and Guards in a Simulated Prison'' (1973)
Katz v. Superior Court (1977)
Notes and Questions

Chapter 7: Warfare and the Reach of the Law

The Nuremberg Trials: Justice Jackson's Report to the President (1945)
The Nuremberg Trials: Proceedings (1946)
The Nuremberg Trials: Judgment (1946)
United States v. Calley (1973)
Notes and Questions

Chapter 8: The Abuse Excuse

United States v. Alexander and Murdock (1972)
Jahnke v. State (1984)
State v. Norman (1989)
Notes and Questions

Part IV The Legal and the Non-Legal

Introduction

Chapter 9: Rule-Governed Institutions

Ferdinand de Saussure, ''Invariability and Variability of the Sign,'' in Course in General Linguistics (1916)
Law No. 94-665 of 4 August 1994 Relative to the Use of the French Language (1994)
Emily Post, Etiquette (1922)
Emily Post, ''The True Meaning of Etiquette.'' in Etiquette (10th ed. 1960)
New York Rules of Court: Standards of Civility (1998)
Gretchen Craft Rubin & Jamie G. Heller, ''Restatement of Love'' (1994)
Cornell University Sexual Harassment Procedures (1991)
Wildey v. Springs (1995)
Notes and Questions

Chapter 10: Smaller Groups and Associations

''The Scout Law,'' Boy Scout Handbook (7th ed. 1965)
Randall v. Orange County Council, Boy Scouts of America (1998)
Dale v. Boy Scouts of America (1999)
Walter O. Weyrauch, ''Unwritten Constitutions, Unwritten Law'' (1999)
Dawkins v. Antrobus (1879)
United States v. Ballard (1944)
Stambovsky v. Ackley (1991)
Notes and Questions

Chapter 11: Quasi-Legal Governance

Mercury Bay Boating Club v. San Diego Yacht Club (1989)
Robert's Rules of Order Revised (1915)
Department of the Army Field Manual, The Law of Land Warfare (1956)
Notes and Questions

Part V Law and Morality

Introduction

Chapter 12: The Realms of Law and Morality Distinguished

Oliver Wendell Holmes, ''The Path of the Law'' (1897)
H.L.A. Hart, ''Moral and Legal Obligation,'' in The Concept of Law (1961)
Riggs v. Palmer (1889)
Notes and Questions

Chapter 13: Legal Implications of Personal Morality

Henry M. Hart, Jr. & Albert M. Sacks, ''The Invitation to Dinner Case,'' in The Legal Process (1958)
Hamer v. Sidway (1891)
People v. Lafka (1959)
Bowers v. Hardwick (1986)
Notes and Questions

Chapter 14: Are There Affirmative Legal Duties?

Union Pacific Railway Co. v. Cappier (1903)
People v. Beardsley (1907)
Pope v. State (1979)
Theodore Dreiser, An American Tragedy (1925)
Notes and Questions

Table of Cases
Subject Matter Index