Table of contents for Jurisprudence : classical and contemporary : from natural law to postmodernism.


Bibliographic record and links to related information available from the Library of Congress catalog. Note: Electronic data is machine generated. May be incomplete or contain other coding.


Counter



Chapter One. Natural Law 
Introduction
A. Early Natural Law Philosophers
   Plato Crito; Or, the Duty of a Citizen 
   Notes 
B. Contemporary Natural Law Theorists        
   John Rawls A Theory of Justice 
   Notes 
   John Finnis Natural Law and Natural Rights 
   Notes 
   Michael Moore Moral Reality 
   Notes 
   Natural Law, Natural Rights, and the Constitution
   Values Problem 
C. The Obligation to Obey, The Problem of Evil, and Civil Disobedience 
   Henry D. Thoreau On the Duty of Civil Disobedience 
   Notes 
   Martin Luther King, Jr. Letter from Birmingham Jail 
   Notes 
   Notes on Civil Disobedience  
   Civil Disobedience Problem  
   Crimes of Obedience 
   United States v. William L. Calley, Jr. 
   Notes                  
D. Contemporary Debates
   Philosophers' Brief, Washington v. Glucksberg 
   Washington v. Glucksberg  .
   Notes 

Chapter Two. Positivism 
Introduction 
A. Classical or Analytical Positivism: The Sources of Law
   John Austin The Province of Jurisprudence Determined 
   Notes 
B. The Separation of Law and Morality
   H.L.A. Hart Positivism and the Separation of Law and Morals 



B. The Separation of Law and Morality-Continued
   Lon L. Fuller Positivism and Fidelity to Law-A Reply to Professor
     Hart -
   Notes 
C. Formalism, Adjudication, and Legal Reasoning 
   Ronald Dworkin The Model of Rules 
   Notes 
   Ronald Dworkin Law's Empire
   Notes .......
   Joseph Raz The Authority of Law: Essays on Law and Morality    
   Notes 
D. Modern Positivism: Inquiries Into Rules and Power 
   Robin West Three Positiuisms 
   Notes 
   PGA Tour, Inc. v. Martin 
   Notes 

Chapter Three. Legal Realism 
Introduction
   1. Formalism and Realism         
   2. A Brief Intellectual History              
   3. Preview   
A. A Sociological Jurisprudence 
   Thomas C. Grey Modern American Legal Thought 
   Notes 
   Oliver Wendell Holmes, Jr. The Path of the Law    
   Notes 
   Roscoe Pound The Scope and Purpose of Sociological Jurisprudence ....
   Notes 
B. The Realists     
   Karl N. Llewellyn A Realistic Jurisprudence-The Next Step 
   Notes 
   Roscoe Pound The Call for a Realist Jurisprudence     
   Note 
   Karl N. Llewellyn Some Realism About RealismResponding to Dean
     Pound 
   Notes 
   Jerome Frank Are Judges Human ?
   Notes 
   Lon L. Fuller American Legal Realism .
   Notes 
   Felix S. Cohen Transcendental Nonsense and the Functional Approach
   Notes
   Morris R. Cohen On Absolutism in Legal Thought 
   Notes 
C. Historiography and Legacy 
   Grant Gilmore Legal Realism: Its Cause and Cure 
   Notes  
   G. Edward White From Sociological Jurisprudence to Realism: Juris
     prudence and Social Change in Early TwentiethCentury America
   Notes 
   William Twining Talk About Realism 
   Note
   Brian Leiter Rethinking Legal Realism: Toward a Naturalized Juris
     prudence  
   Notes  



B. ApplicationsContinued
   Notes 
   Kenneth G. DauSchmidt A Bargaining Analysis of American Labor
     Law and the Search for Bargaining Equity and Industrial Peace
   Notes 
   Richard Posner The Constitution as an Economic Document 
   Notes
   Mark Kelman Could Lawyers Stop Recessions? Speculations on Law
     and Macroeconomics                 
   Notes                                                  
C  The Future of Law and Economics                
   Bruce A  Ackerman Law, Economics, and the Problem of Legal Culture
   Notes                                                            
   Jason Scott Johnston Law, Economics, and PostRealist Explanation  
   Notes                      
   Martha C  Nussbaum Flawed Foundations: The Philosophical Critique
     of (A Particular Type of) Economics                                     
   Notes                             
   Robin Paul Malloy Toward a New Discourse of Law and Economics     
   Notes                    

Chapter Five  Critical Legal Studies  
Introduction                                                        
A  Exposing Hierarchy                      
   Mark G  Kelman Trashing  
   Notes                                           
   Duncan Kennedy Legal Education and the Reproduction of Hierarchy
   Notes                        
B  Rights Talk: Indeterminacy and Alienation         
   Peter Gabel The Phenomenology of Rights Consciousness and the Pact
     of the Withdrawn Selves  
   Notes                        
   Patricia J  Williams Alchemical Notes: Reconstructing Ideals From
     Deconstructed Rights                      
   Notes 
   Richard Delgado The Ethereal Scholar: Does Critical Legal Studies
     Have What Minorities Need?                    
   Notes 
   Alan Freeman & Elizabeth Mensch The PublicPrivate Distinction in
     American Law and Life                              
   Notes                                 
C   The CLS  Social Vision               
   Joseph William Singer The Player and the Cards: Nihilism and Legal
     Theory
   Notes                   
   Owen M  Fiss The Death of the Law?                          
   Notes  
   J M  Balkin Tradition, Betrayal, and the Politics of Deconstruction      
   Notes                       
D  The Fate of a Movement: Where Has CLS Gone?      
   Note              
   Mark V  Tushnet Critical Legal Studies: A Political History           
   Notes                             

Chapter Six  Law and Literature                    
Introduction                                                        



A  Law and                  
   Jane B  Baron Law, Literature, and the Problems of Interdisciplinarity
   Notes                 
B  Law in Literature          
   Richard H  Weisberg The Quest for Silence: Faulkner's Lawyer in a
     Comparative Setting                      
   Notes               
C  Law and Interpretation (Law as Literature) 
   James Boyd White Law as Language: Reading Law and Reading
     Literature   
   Notes    
   Owen M  Fiss Objectivity and Interpretation              
   Notes 
   Stanley Fish Fish v  Fiss              
   Notes                    
   Sanford Levinson Law as Literature   
   Notes   
D  Storytelling: ReImagining Law Through Literature    
   Richard Delgado Storytelling for Oppositionists and Others: A Plea for
     Narrative  
   Notes                     
   Daniel A  Farber & Suzanna Sherry Telling Stories Out of School: An
     Essay on Legal Narratives 
   Notes  
   Brief Amici Curiae on Behalf of the National Abortion Rights Action
     League, et al , in Thornburgh v  American College of Obstetricians
     and Gynecologists, et al             
   Notes                   
   Anthony V  Alfieri Reconstructive Poverty Law Practice: Learning Les
     sons of Client Narrative              
   Notes                         

Chapter Seven  Feminist Legal Theories          
Introduction                                 
A  Feminism and Equality 
   Christine A  Littleton Reconstructing Sexual Equality      
   Notes 
   Wendy W  Williams Equality's Riddle: Pregnancy and the Equal Treat
     ment/Special Treatment Debate 
   Notes                 
   Robin West Jurisprudence and Gender                   
   Notes                   
   Promises and Problems of Biological Explanations: An Evolutionary
     View of Rape   
   Catharine A  MacKinnon Toward a Feminist Theory of the State    
   Notes         
B  Feminism and AntiEssentialism                 
   Angela P  Harris Race and Essentialism in Feminist Legal Theory   
   Notes             
C  Pragmatic and Postmodern Feminism    
   Margaret Jane Radin The Pragmatist and the Feminist        
   Notes   
   Catharine A  MacKinnon Points Against Postmodernism         
   Notes 
D  Feminist Methodologies and Feminist Practice         
   Katharine T  Bartlett Feminist Legal Methods 



D  Feminist Methodologies and Feminist PracticeContinued
   Notes       
   Joan Williams Unbending Gender: Why Family and Work Conflict and
     What to Do About It                
   Notes        
   SingleSex Schools Problem                      

Chapter Eight  Critical Race Theory

Introduction                                                  
A  Critical Race Theory and Theory: Challenging the Dominant
     Conceptions of the Real and Realizable        
   Derrick Bell Foreword: The Civil Rights Chronicles   
   Notes                                             
   Charles R  Lawrence III The Id, the Ego and Equal Protection: Reckon
     ing With Unconscious Racism                           
   Notes 
   Kimberle Williams Crenshaw Race, Reform, and Retrenchment: Trans
     formation and Legitimation in Antidiscrimination Law       
   Notes       
   Patricia J  Williams The Obliging Shell: An Informal Essay on Formal
     Equal Opportunity                    
   Notes             
   Robert A  Williams, Jr  The Algebra of Federal Indian Law: The Hard
     Trail of Decolonizing and Americanizing the White Man's Indian
     Jurisprudence                        
   Notes            
B  Critical Race Theory and Critique: Challenges in Another Voice
   Richard Delgado Critical Legal Studies and the Realities of Race: Does
     the Fundamental Contradiction Have a Corollary?   
   Notes                        
   Charles R  Lawrence III If He Hollers, Let Him Go: Regulating Racist
     Speech on Campus           
   Notes                              
C  Race and America Today: Resisting the Real, ReThinking the
     Realizable                                  
   Paul Butler Racially Based Jury Nullification: Black Power in the
     Criminal Justice System           
   Notes                               
   Derrick Bell Racial Realism                
   Notes      
D  Recent Developments  
    1  Critical White Studies                     
      Notes              
      Stephanie M  Wildman, with Adrienne D  Davis Making Systems of
        Privilege Visible with              
      Notes                  
      Other Forms of Privilege                  
      Devon Carbado Straight Out of the Closet: Men, Feminism, and
        Male Heterosexual Privilege with                     
      Notes                  
   2  Latino/A Critical ("Latcrit") Studies, Critical Asian Scholar
         ship, and the Black/White Binary of Race                    
      Richard Delgado Derrick Bell's ToolkitFit to Dismantle That
        Famous House?                
      Notes               



D  Recent Developments--Continued
      Notes         

Chapter Nine  Gay Legal Rights and Narratives

Introduction
Notes                     
Bowers v  Hardwick 
Notes        
Kendall Thomas Beyond the Privacy Principle  
Notes  
Romer v  Evans                       
Notes                             
Gaylegal Narrative or "QueerCrit"                
Kenji Yoshino Assimilationist Bias in Equal Protection: The Visibility
  Presumption and the Case of "Don't Ask, Don't Tell"           
Note                
William N  Eskridge, Jr  Gaylegal Narratives           
Notes  
Intersections of Homosexuality with Race and Sex            
SameSex Marriage and Civil Unions            
Don't Ask, Don't Tell: The Military Response to Homosexuality    
Notes       
Western Perceptions of Asian Sexuality            
Notes                  
Special Rights and the Right of "Straight" Association                 
Boy Scouts of America v  Dale              
Notes                    

Chapter Ten  Postmodern Legal Theory: Pragmatism and
      Poststructuralism                   
Introduction               
A  Postmodernism    and Objectivity: The Challenge to Formal
     Method 
   Peter C  Schanck Understanding Postmodern Thought and Its Implica
     tions for Statutory Interpretation 
   Notes     
   Thomas C  Grey Holmes and Legal Pragmatism           
   Notes  
   Margaret Jane Radin Reconsidering the Rule of Law 
   Notes                
   Richard A  Posner The Jurisprudence of Skepticism 
   Notes            
   Dennis M  Patterson Law's Pragmatism: Law as Practice and Narra
     tive 
   Notes                 
   Stanley Fish Liberalism Doesn't Exist             
   Notes              
   Joan C  Williams Culture and Certainty: Legal History and the Recon
     structive Project                  
   Notes 
   Allan C  Hutchinson Identity Crisis: The Politics of Interpretation   
   Notes 
   Martha Minow & Elizabeth Spelman In Context  
   Notes  



B  Postmodernism   and Subjectivity: The Challenge to the Self
   Frank I  Michelman Super Liberal: Romance, Community, and Tradi
     tion In William J  Brennan, Jr 's Constitutional Thought 
   Notes           
   Daniel A  Farber & Philip P  Frickey In the Shadow of the Legislature:
     The Common Law in the Age of the New Public Law                
   Notes                            
   Edward L  Rubin The New Legal Process, The Synthesis of Discourse,
     and the Microanalysis of Institutions                                       
   Notes                      
   Pierre Schlag The Problem of the Subject               
   Notes          
   Guyora Binder What's Left?                   
   Notes  
   Allan C  Hutchinson Identity Crisis: The Politics of Interpretation     
   Notes                       
   Austin Sarat & Jonathan Simon Beyond Legal Realism: Cultural
     Analysis, Cultural Studies, and the Situation of Legal Scholarship
   Notes                
C  Postmodernism and Normativity: The Challenge to Moral Per
     suasion                     
   Steven D  Smith The Pursuit of Pragmatism                                    
   Notes                 
   Richard Rorty What Can You Expect From AntiFoundationalist Phi
     losophers?: A Reply to Lynn Baker            
   Notes                                
   Joan C  Williams Rorty, Radicalism, Romanticism: The Politics of the
     Gaze                         
   Notes                            
   Pierre Schlag Normativity and the Politics of Form                   
   Notes                     
   Stanley Fish Condemnation Without Absolutes                       
   Notes                           

Chapter Eleven  Lawyering and Jurisprudence                  
Introduction                            
A  Conceptualizing and Understanding the Role of Law and the
     Lawyer                     
   J M  Balkin Understanding Legal Understanding: The Legal Subject
     and the Problem of Legal Coherence                     
   Notes                           
   Richard Delgado Norms and Normal Science: Toward a Critique of
     Normativity in Legal Thought                         
   Notes       
B  Law as an Instrument of Social ChangeOr of Repression     
   Robert M  Cover Violence and the Word                      
   Note                                 
   Charles R  Lawrence III The Word and the River: Pedagogy as Scholar
     ship as Struggle                             
   Notes                              
   Martha Minow Breaking the Law: Lawyers and Clients in Struggles for
     Social Change                     
   Notes                          
   Richard Delgado & Jean Stefancic Images of the Outsider in American
     Law and Culture: Can Free Expression Remedy Systemic Social Ills?
   Notes                          



B  Law as an Instrument of Social ChangeOr of Repression
     Continued
   James M  Doyle "It's the Third World Down There!": The Colonialist
     Vocation and American Criminal Justice             
   Notes                     
   Anthony V  Alfieri Race Prosecutors, Race Defenders         
   Notes                  
C  Advocating on Behalf of New Rights, Legal Theories, or
     ClientsThe Case of Animal Rights           
   1  Novel Client, Novel Theory: Lessons From Legal History   
      Gary L  Francione Animals as Property              
      Notes  
   2  Final ExerciseA Chimp, A Benefactor, and A Law Clerk's
        Memo 








Library of Congress subject headings for this publication: Jurisprudence United States, Law United States Cases