Vous êtes sur la page 1sur 14

UCL FACULTY OF LAWS

SOURCES LIST FOR LLB JURISPRUDENCE & LEGAL THEORY, PART A.

This list of sources is to be used selectively. Do not try to read everything: indeed it would be an
impossible task to read as much as half of what is here in the time available. It does, however,
constitute a helpful list of supplementary reading material for many of the topics in Part A, and will be
useful for finding reading for the Special Topic and the writing of your Dissertation. Your seminar tutor
will give you more specific reading suggestions for each seminar.

Only a selection of the topics listed here will be taught in Part A. Each seminar tutor will make a
selection from the topics on this list, and many will introduce additional ones.

Do not get bogged down with any book or article. Much of the suggested reading is difficult but at the
same time, once worked out, clear and rewarding. Other parts of it, you will find, is a mix of obscurity
with insight. It is not always necessary to read the whole book or the whole article, and you should
learn to skim at the appropriate places and develop discrimination in your reading.

It is useful to obtain several angles on a particular topic. Note that, in relation to the questions listed
below, there is no single view upon which everyone is agreed. The examiners in Jurisprudence are well
aware of the multifarious approaches to the subject.

You will be examined on questions that your seminar tutor will contribute to the examination paper.
There is no need to be concerned that other seminar groups appear to have covered topics which you
have not. The final examination will be fair to all candidates.

A key to the abbreviations is at the end of this Reading list.

An excellent overview of Jurisprudence is Central Issues in Jurisprudence (2nd edn., 2002) by Nigel Simmonds,
Sweet & Maxwell (paperback). A not so good overview, but easier, is Legal Philosophies, 2nd edn. (1997) by
Jim Harris, Butterworths (paperback).
You should BUY one of the above. You may find it helpful to obtain copies of the following:
Hart
Lloyd & Freeman
Dworkin

The Concept of Law, 2nd edn.


Introduction to Jurisprudence, 7th edn.
Laws Empire

Useful will be:


Dworkin (ed)
Hart

Essays in Legal Philosophy


Essays in Jurisprudence and Philosophy

(*denotes of particular help)

1. What is jurisprudence?
IJ
ch.1
Dworkin
LE ch.1
MacCormick & Twining LTCL ch.13
Hart
Definition and Theory in Jurisprudence EJP ch.1 or 70 Law Quarterly Review 37

Fuller
2.

The Case of the Speluncean Explorers IJ 51-64, 62 Harvard Law Review 616

The problem of definition.

Why define law?


What are Harts answers?
What different ways of defining things are there?
Can we define ideas?
What does a theory try to do?
What is the relationship between theory and practice?
What is the use of a model?
What is morality?
Do important moral issues hinge on how we define law?
Bentham
Dworkin
Dworkin
Hart
*Hart
Dworkin (ed)
Finnis
*Glover
Mackie
Murdoch
Raz
Kant
Raz
Raz
Bix
Bix
Halpin
Simmonds

Of Laws in General, ch 1
LE. chs.1* and 2
Indeterminacy and Law, in Positivism Today, ed. Guest (1996), 1-9.
EJP. Intro, 1-6, esp. 5-6. Essay 1, particularly 21-35*, and Essay 3
CL. Preface. chs.l and 2
The Philosophy of law. Intro. 1-9
NLNR. ch.1
Causing Death and Saving Lives, ch.2
Ethics, ch. 1
Metaphysics as a Guide to Morals chs 2 & 10-12
COLS 1-4
Preface to the Foundation of the Metaphysics of Morals.
The Problem About the Nature of Law essay 9 in EPD (excerpt also in IJ).
On The Nature of Law 82 Archive fr Rechts-und Sozialphilosophie (1996) 1-25.
Conceptual Questions in Jurisprudence 1 Legal Theory (1995) 465.
Jurisprudence: Theory and Context, 2nd ed. chs.1 & 2
Concepts, Terms and Fields of Enquiry 4 Legal Theory (1998) 187-205
Jurisprudence as a Moral and Historical Inquiry XVIII Canadian Journal of Law and
Jurisprudence (2005)

3. The command theory.


Does the theory have appeal?
Give some examples of how the theory has influenced the development of English law.
Can the theory account for duties?
Is there an important distinction, as Hart claims, between being obliged to do something and being under an
obligation to do it?
Can it account for rights?
Can it explain what rules are?
Why attempt to divorce morality and law?
Austins theory
Austin, ed. Hart
*IJ
Hart
MacCormick
Raz
Simpson
Cotterrell

The Province of Jurisprudence Determined, Intro. (by Hart) and ch.1


Austin extracts ch.2
CL chs.2, 3 and 4
OEJ 100-130
COLS 5-43
OEJ 77-99
The Politics of Jurisprudence ch.3

Benthams theory
*IJ
Bentham
Bentham

Bentham extracts
IPML ch.16 (only the general idea of it; see Concluding Note)
OLG pp.1-8; 15-16; 53-56; 63-71; 76-85; 93-99; 133-144; 155-166; 170-178; 179-183;
196-200; 209-210; plus ch.9
Bentham on the Individuation of Laws (1973) Northern Ireland Legal Quarterly 357
EB chs. 1*, 5, 9 and 10
Jeremy Bentham and Nineteenth Century Jurisprudence Journal of Legal History 1991
58-88
Hart v. Bentham in Bentham and the Common Law Tradition (1986) 256-262

James
Hart
Schofield
Postema
4.

Harts theory.

What are the different rules and why does Hart posit them?
What is his analysis of the difference between habitual behaviour and rule-governed behaviour?
How does he account for international and primitive law?
What are Harts motives for adding the secondary rules to the primary rules?
What is the rule of recognition for? Why does Hart say in Chapter 9 that the choice between positive law and
natural law is not a matter of linguistic propriety? What does he say governs the choice? What enlightenment
is there in describing the semantics of how lawyers, etc talk? Are there non-descriptive reasons Hart supplies
in explaining his analysis?
Finnis Natural Law and Natural Rights (1980) ch.1
Hart
Essays in Jurisprudence and Philosophy (1983) Preface, 5-6; ch.2 on the core and penumbra of legal
rules.
Hart
Hart
Simmonds
Dworkin
Dworkin
Stavropoulos
MacCormick
MacCormick
Hacker & Raz
Raz
Raz
Hart
DH
Tapper

CL. chs.4*, 5*, 6* and 10


EB. ch.10
CIJ ch.5*
TRS. chs.2* and 3
Laws Empire (1986) ch.1 and pp.31-44
Harts Semantics, in Coleman, J. (ed.) Harts Postscript: Essays on the Postscript to the
Concept of Law (2001) 59-98
LRLT. Appendix, 275-292
H.L.A. Hart, passim
LMS 8-25
PRN 35-84; 123-161
AL 90-97, 163-179 (or OEJ 278-304)
Are There Any Natural Rights? in Political Philosophy ed. Quinton, 53 This article is important
because Hart sketches the beginnings of his theory of political, as opposed to legal obligation.
ch.3
Powers and Secondary Rules of Change OEJ 248-268.

Harts account of the moral content of law.


Why does Hart think it necessary to produce his account of the minimum content of law? What are the
contingent characteristics of human beings? Why arent they, and many other characteristics necessary?
(See Finniss account of human nature)
Could we imagine a society where the contingent characteristics of people are such that there is not even a
minimum content in common between law and morality?
Hart
CL. chs.8* and 9*
Finnis NLNR ch.4* (the classic riposte to Harts minimum content theory)

5.

The Hart-Fuller debate.

What are Harts arguments for positivism?


What are the hypothetical facts of the Nazi informer case?
How is Hart, as opposed to Radbruch, inclined to resolve the case?
Why in Harts view should retrospective decision-making be preferred?
What is Fullers theory?
Does it resolve the problem of the wicked legal system?
Is there any level at which Harts and Fullers theories might be reconciled?
What does it mean to say that law embodies an inner morality or moral ideal?
What might that ideal be?
What should a judge do in an evil, or partly evil, legal system?
*Hart
*Fuller
Fuller
Finnis
Gavison
Raz
Dworkin
Kramer
Simmonds

EJP chs.2* and 16


Positivism and Fidelity to Law A Reply to Professor Hart (1958) Harvard Law Review
(extracts in IJ).
ML ch 2*; 91-151; 187-242
NLNR. 23-33, ch.10 and 354-366
Issues in Contemporary Legal Philosophy, ch.1
AL. ch.11 (and Law Quarterly Review 1977, 195)
LE. 96-113
On the Moral Status of the Rule of Law 63 Cambridge LJ (2004) 65-97
Straightforwardly False 63 Cambridge LJ (2004) 98-131

The South African experience


Wacks
Dugard
Dyzenhaus

6.

Judges and Injustice (1984) 101 South African L.J. 266


Should Judges Resign? - a Reply to Professor Wacks (1984) 101 South African L.J. 386.
Hard Cases in Wicked Legal Systems: South African Law in the Perspective of Legal
Philosophy

Other criticisms of Hart.

Is Harts theory about the primary importance of clarity and/or certainty and/or objectivity in the identification of
law? Is it only about that?
Is Harts theory a matter of semantics?
Is it about conventions?
Are these good enough grounds?
Is law a system of rules?
What are legal principles?
Can legal principles be identified by a rule of recognition?
Dworkin
Simpson
Guest
Endicott
7.

TRS ch.2* and 4.


OEJ 77-99; LTCL ch.2
RD ch.5
Herbert Hart and the Semantic Sting 4 Legal Theory (1998) 283

Positivism in general.

What is positivism?
What is the sources thesis?
What is the point of positivism, if any?

Waluchow
Finnis
Coleman
Postema
Raz
Coleman & Leiter
Hobbes
Simmonds

Inclusive Legal Positivism (1994) ch.4


The Truth in Legal Positivism in The Autonomy of law (1996) ed. George
Authority and Reason in The Autonomy of Law
Laws Autonomy and Public Practical Reason in The Autonomy of Law
Postema on Laws Autonomy and Public Practical Reasons: A Critical
Comment 4 Legal Theory (1998) 1-20
Legal Positivism in Patterson (ed.) A Companion to Philosophy of Law and Legal
Theory 241-260
Leviathan Part I esp chs 13-15
Between Positivism and Idealism 50 Cambridge LJ (1991) 308

Soft positivism
Coleman
Lyons
Soper

8.

Negative and Positive Positivism 11 Journal of Legal Studies (1982) 139-164, reprinted in
RDCJ
Moral Aspects of Legal Theory in RDCJ
Legal Theory and the Obligations of a Judge: The Hart-Dworkin Dispute 75
Michigan Law Review (1977) 473-519

Raz and the social sources theory of law

What is authority? What is the relationship between authority and law? Is law to be understood as defined by
social sources? What are the relevant social sources? NB the reading for this is notoriously difficult,
particularly Razs Two Views, etc. Try to get the main points of his theory.
Raz
Raz
Raz
Dworkin
Murphy
Perry

9.

The Authority of Law, ch. 3


Authority, Law and Morality in Raz, Ethics in the Public Domain, essay 9
Two Views of the Nature of the Theory of Law: A Partial Comparison in Coleman Harts
Postscript: essays on the Postscript to the Concept of Law (2001) 1.
Thirty Years On Review of Colemans The Practice of Principle: In Defense of a Pragmatist
Approach to Legal Theory 2001, in Harvard L.R. April 2002 1655
The Political Question of the Concept of Law, in J. C. Coleman (ed.), Harts Postscript, essays
on the Postscript to the Concept of Law.
Harts Methodological Positivism in 4 Legal Theory (1998), 427-67, and reprinted in Coleman
(ed.), Harts Postscript, essays on the Postscript to the Concept of Law.

Kelsen and the pure theory of law

What is a legal norm in Kelsens theory?


What is a delict?
What is the role of the citizen?
What is law in the descriptive sense?
Can Kelsen distinguish power-conferring from duty-imposing rules?
What does it mean, to him, to say that a law is objectively valid?
What is the grundnorm?
What is a transcendental argument?
Is a "transcendental argument necessary?
What is the relationship between efficacy or effectiveness and validity in his theory?
Does his theory have any practical use whatsoever?
*Harris
*IJ
Harris
Hart

LP. chapter on Kelsen


Kelsen extracts
When and Why does the Grundnorm Change? (1971) Cambridge LJ 103
CL pp.35-41

Kelsen
Kelsen
Hart
Raz
Twining & Tur (eds.)
Ehrlich
Kelsen
Harris
Raz
Raz
Harris
Attwooll, ed.

10.

What is the Pure Theory of Law? (1960) 134 Tulane Law Review 769-76
Law, State and Justice in the Pure Theory of Law (1947-48) 57 Yale L.J. 377-90
Kelsen Visited, EJP
The Purity of the Pure Theory in LF
Essays in Kelsen pp.109-19
Fundamental Principles of the Sociology of law (1936) ch.1
GT ch.1, section B(j)
LLS. 34-43
AL. chs.7* (difficult but worth it) and 8
The Concept of a Legal System ch.7
Kelsen, Revolutions, and Normativity
Shaping Revolution (this is good on Harris odd view of Kelsens normativity, and
contrasts well with Raz The Purity of the Pure Theory.)

Natural Law

What is meant by natural law?


Are there any laws of nature or natural rights? If so, what is their character?
Does law possess a moral nature, or is it merely a neutral instrument for pursuing social goals?
What could be meant by the claim that certain laws are natural?
How is the idea of natural law related to the notion of rights (and human rights in particular)?
How important are the central claims of natural law theory to modern political theory?
What are the main objections to natural law, and are they decisive?
Buckle
Finnis
Fuller
George
Grotius
Hobbes
Kant
Locke
Milsom
Simmonds
Strauss
Tuck
Tuck
Weinreb

11.

Natural Law and the Theory of Property (1991) chs 1-3


NLNR
The Morality of Law ch 1
In Defence of Natural Law (2001)
The Rights of War and Peace (De Iure Belli ac Pacis) esp Prolegomena
Leviathan Part 1 chs 13-15
The Science of Right (1790) trans Hastie
Essays on the Law of Nature (ed Von Leiden)
The Nature of Blackstones Achievement 1 OJLS (1981) 1
The Decline of Juridical Reason (1984) chs 2-5
Natural Right and History (1957)
Natural Rights Theories: Their Origin and Development (1981)
Philosophy and Government 1572-1651 (1993)
Natural Law and Justice (1987)

Dworkins theory

What is Dworkins theory of interpretation?


What are the differences and similarities between Harts pre-legal society and Dworkins pre-interpretive
society?
What are the similarities and differences between interpreting legal and literary texts?
What does Dworkin mean by integrity?
What are the strong and weak points of the conventionalist and pragmatic theories of adjudication?
Who is Hercules and what does he do?
Can principles be found anywhere? Do they need to be?
Is there any sense to the idea that there can be right answers to legal questions without finding out for sure what
they are?

Law as interpretation
Dworkin
Dworkin
Fish
Marmor
Perry
Raz
Howarth
Hart

TRS. ch.13
LE. chs.2*, 3 and 9
Doing What Comes Naturally (1989) chs.4 and 5.
Interpretation and Legal Theory (1992) chs.3 and 4 (esp. 73-84)
Interpretation and Methodology in Legal Theory in Law and Interpretation.
Essays in Legal Philosophy (1995) ed. Marmor
Ethics in the Public Domain (1994) ch.12 The Relevance of Coherence
Making Sense out of Nonsense Jurisprudence: Cambridge Essays (1992)
29-53
CL 155-159 (useful on the different interpretations of justice)

Law as integrity
Dworkin
Waldron
Guest
Habermas
Cohen
MacCormick
Dworkin
Simpson
Sampford

Laws Empire, passim, but particularly chs.3, *5 (see particularly 164-175), 6, *7 (particularly 240250), and 11
The Circumstance of Integrity in Law and Disagreement (Waldron, 1999) ch.9
http://www.homepages.ucl.ac.uk/~uctlsfd/, paper entitled Why the Law is Just pp.24-32 section
entitled: Ideal integrity as compliance with real equality
Between Facts and Norms (1996) Dworkins Theory of Law pp.211-222
RDJC. ch.5 and 263-268 (also expanded in TRS, 294-330)
ch.6 and 268-271
ch.9 and 278-281
LRLT. chs.4 and 7*
MP. ch.1
OEJ The Common Law and Legal Theory; The Common Law and Legal Theory, ch.2
The Disorder of Law ch.4

Law as justice, not integrity:


Guest

www.homepages/ucl.ac.uk/~ucltsfd paper entitled Why the Law is Just

The best answer thesis.


*Dworkin
*Dworkin
Dworkin
*Guest
Stavropoulos
Cohen
Dworkin
Dworkin
Dworkin
Waldron, J.
Dworkin
Glover
Dworkin, R.
Mackie, J.

TRS. ch.13. (a good beginning point, but needs fleshing out).


LE. 76-86
LD 207-208
RD. ch.6
Objectivity in Law (1996) pp.136-143
RDCJ. ch.8 and 275-278
MP. ch.5
Laws Empire 76-86
Indeterminacy and Law in Positivism Today ed. Guest (1997) 1-9 1 (a shortened version of
Objectivity and Truth: Youd Better Believe It Philosophy and Public Affairs, vol.25, Spring
1996 p.9)
The Irrelevance of Moral Objectivity in Law and Disagreement (Waldron, 1999) ch.8
http://www.brown.edu/Departments/Philosophy/bears/symp-dworkin.html
This is a useful discussion with a reply by Dworkin.
Taking Rights Seriously 248-253 (The Concept of a Moral Position)
Causing Death and Saving Lives (1977) Ch.2
On Interpretation and Objectivity in A Matter of Principle (1985) 167
Ethics: Inventing Right and Wrong (1977) ch.6

Gaps in the law


Dworkin
Raz

On Gaps in the Law in Amselek & MacCormick, ed. Controversies About


Laws Ontology
The Authority of Law 70-77

Other views
Soper
Finnis
Finnis
Simmonds
Postema
12.

Dworkins Domain Harvard Law Review 100 (1987) 1166-86


On Reason and Authority in Laws Empire Law and Philosophy 6 (1987) 357
Natural Law and Legal Reasoning in George, ed.
Natural Law Theory - read the second half of Finniss essay - pp.143-153 Weinreb
Natural Law and Justice 116-122
Imperial Visions and Mundane Practices Cambridge Law Journal 46 (1987) 465-88
Protestant Interpretation and Social Practices Law and Philosophy 6 (1987) 283

Legal reasoning in general

*Waldron
*Dworkin
*Simpson
MacCormick
Sunstein
Cross
Cardozo
Finnis
Simmonds
Jonsen & Toulmin
13.

TL ch.6
LE ch.1
OEJ. 77-99
LRLT. esp. chs.5, 6, 8* and 9*
Legal Reasoning and Political Conflict 1996 ch.2 (Incompletely Theorized
Agreements) then Introduction and chapter 1.
Precedent in English Law ch.6
The Nature of the Judicial Process
NLNP. ch. 5
Judgment and Mercy 13 OJLS (1993) 52-68
The Abuse of Casuistry: A History of Moral Reasoning

Utilitarianism and its critics.

What is utilitarianism?
Is pleasure the same as happiness?
Are good consequences all we should aim at? Is there a distinction between the act in itself and the
consequences of the act?
Should the pleasure of animals, or future generations, be relevant to the utilitarian calculus? Can we measure
what one person values against what others do? Always? Ever?
Is there any relationship between utilitarianism and economics?
What is rule utilitarianism? Does it collapse into act utilitarianism?
Do Williams arguments about personal agency condemn utilitarianism?
Can utilitarianism account for such moral values as rights, and respect for people?
Can utilitarianism rightly ask us to suppress our feelings of squeamishness in cases where it requires us to
ignore what we intuitively believe to be moral rights?
Kymlicka
*Simmonds
*Bentham
Smart & Williams
Glover
*Glover
Mackie

CPP ch.2
CIJ. ch.1
Introduction to the Principles of Morals and Legislation, ed. Burns and Hart, 1-50. Also,
the Introduction by Hart - only in paperback editions.
Utilitarianism: For and Against. (1977) This is the most comprehensive. It is a long but
very useful read. The Williams reply is difficult but is
regarded by many as the classic attack on utilitarianism.
Utilitarianism and its Critics - an excellent anthology, with clear introductory sections.
Causing Death and Saving Lives (1977) ch.4
Ethics ch.6

*Rawls
Dworkin
Cohen
*Waldron
Kelly
Postema
14.

A Theory of Justice 22-27, and 46-53


TRS ch.12
RDCJ ch.11 and 282-292
TL ch.5 - an excellent introduction to the problem of rights.
Utilitarianism and Distributive Justice, Introduction and conclusion.
Bentham and the Common Law Tradition ch.5

The economic analysis of law.

What are the relationships between economics and utilitarianism?


Is there an ethical basis to economic thinking?
Should there be one?
What are the relationships between welfare and wealth?
What is the ideal market?
Do rights have anything to do with economic analysis?
Are particular forms of economic reasoning relevant to all or some forms of legal reasoning?
Simmonds
*Posner

CIJ. ch.3
The Ethical and Political Basis of the Efficiency Norm in Common Law
Adjudication (1980) Hofstra Law Review 487.
The Economics of Justice (1981) chs.1-4
*Fried
Right and Wrong (1978) ch.4
Fletcher
The Basic Concepts of Legal Thought (1996) ch.10 - excellent for the basic
concepts
Dworkin
MP. chs.12* and 13
Dworkin
LE. ch.8
DH
ch.13
LTCL
ch.12
IJ
453-63
See collection: Ethics, Economics and the Law, Nomos, XXIV, 1987, especially articles by Gewirth, Greenawalt
and Lyons.
Also:
Arthur & Shaw Justice and Economic Distribution (1978) (good introduction to Nozick and
Rawls)
15.

Liberalism.

Should the criminal law be used to enforce morality? Can it be?


What are Lord Devlins views?
What are Mills views?
Whose morality should be enforced?
Is conventional morality the only morality?
What is moral pluralism?
Is there anything of importance in the idea of personal autonomy and the right to do what is wrong?
Are equality and freedom opposed?
Is toleration a virtue, or just a way of keeping at arms length from others? Is reverse discrimination ever
justified?
What are rights?
Can liberalism account for relevant differences, if any, between men and women?
The enforcement of morality
Devlin
*Hart
Dworkin
MacCormick

The Enforcement of morals. Chs. 1 *, 5 and 7


Law, Liberty and Morality.
ELP ch.3 & 4
Legal Right and Social Democracy (1981) ch.2

Mill
*Dworkin
Hart
Mitchell
George
Hittinger

On Liberty, chs.1 and 4


TRS ch.10
EJP ch.11
Law, Morality and Religion chs.1-5
Social Cohesion and the Legal Enforcement of Morals American Journal of Jurisprudence
35 (1990) 15
The Hart-Devlin Debate Revisited American Journal of Jurisprudence 35 (1990) 47

The grounds of liberalism


*Raz
Waldron
*Rawls
Dworkin

MF. chs.14 and 15


Liberal Rights (1993) A Right to Do Wrong and Legislation and Moral
Neutrality
The Idea of an Overlapping Consensus in Political Liberalism (1993)
Sovereign Virtue (2000) chs.5 and 6.

Feminism and liberalism


Introduction
Wolff
Kymlicka
Mill
Irigaray

An Introduction to Political Philosophy (1996) 202-220


CPP, chapter on feminism
On the Subjection of Women (1861) ch.2 (on marriage)
Thinking the Difference (1989) ch.1

Equality and difference


Okin
MacKinnon
Dworkin

Thinking Like a Woman in Theoretical Perspectives on Sexual Difference


ed. Rhode, D.(1990)
Feminism Unmodified. Discourses on Life and Law (1987) ch.2
Taking Rights Seriously ch.9 - generally on reverse discrimination but
particularly his distinction between treating people as equals and equal
treatment.

The private/public - domestic/non-domestic split


Pateman
MacKinnon

Feminist Critiques of the Public/Private Dichotomy in Phillips, A. ed.


Feminism and Equality (1987)
Feminism Unmodified ch.8

The ethic of caring versus the ethic of justice


Gilligan
Tronto

In a Different Voice (1982)


Beyond Gender Difference to a Theory of Care Signs 12/4: 644 (1987) useful summary of the
seminal discussion in Gilligans In a Different Voice, 1982

Feminism and liberal neutrality


Okin
Barry

Justice, Gender and the Family (1989) ch.5


Justice as Impartiality (1995) 213-216; 246-255

Communitarianism and liberalism


Wolff
Avineri & de-Shalit (eds.)

An Introduction to Political Philosophy (1996) 144-146 and 196-202


Introduction to Communitarianism and Individualism (1992)

Classic accounts of communitarianism


Sandel
Taylor
MacIntyre
Walzer, M.

The Procedural Republic and the Unencumbered Self (1984) in Communitarianism and
Individualism
Atomism (1979) in Communitarianism and Individualism
Justice as a Virtue: Changing Conceptions (excerpts from his seminal work
After Virtue
1981) in Communitarianism and Individualism
Membership (excerpts from his Spheres of Justice 1983) in Communitarianism and
Individualism

Replies
Gutman
Rawls
Dworkin

16.

The Communitarian Critics of Liberalism (1985) in Communitarianism and


Individualism
Justice as Fairness: Political not Metaphysical (1985) in Communitarianism
and Individualism particularly 199-204
Liberal Community (1989) particularly 216 to end in Communitarianism and
Individualism.

The obligation to obey the law.

Is there a moral obligation to obey the law? If so, does it extend to bad laws?
Is civil disobedience ever justified?
Does positivism give a good account of the obligation?
Does Fullers account of law give a good account of the obligation?
*Rawls
Raz
Dworkin
Dworkin
Dworkin
*Singer
Wasserstrom
Gans
*Finnis
Finnis
Finnis
Raz
Raz
Smith
Batnitzky

17.

A Theory of Justice 350-356; 363-391.


AL. ch.12
TRS. chs.7 and 8
MP. ch.4
EPL ch.5
Democracy and Disobedience (1973) 63-104
The Obligation to Obey the Law in Summers (ed) Essays in Legal Philosophy (1968)
Philosophical Anarchism and Political Disobedience 1992, chs.1 and 4
Natural Law and Natural Rights 231-59, 263-4, 345, 354-62
The Authority of Law in the Predicament of Social Theory 1 Notre Dame Journal of law, Ethics,
and Public Policy 115-37 (1984)
Law as Co-ordination Ratio Juris Vol.2, No. 1 March 1989 97-104
The Obligation to Obey: Revision and Tradition 1 Notre Dame Journal of law, Ethics and
Public Policy 139-55 (1984)
The Morality of Obedience Michigan Law Review 83 (1985) 732-44
Is There a Prima Facie Obligation to Obey the Law? (1973) 82 Yale Law
Journal 950
A Seamless Web? John Finnis and Joseph Raz on Practical Reason and the
Obligation to Obey the Law Oxford Journal of legal Studies vol. 15 no 2 (1995) 153-175

Theories of justice

What is justice?
Is utilitarianism a theory of justice?
What is a just distribution?
What is the difference, if any, between being fair and being just?
Is there a significant distinction between just outcomes and just procedures?
What is his difference principle and how does he arrive at it?
What is the theoretical significance of the original position?

What are primary goods?


Can we have justice without rights?
Is it important to consider what is just if there is large-scale injustice in the community?
Simmonds
Guest
Rawls
MacCormick
Daniels
Nozick
Paul
Arthur & Shaw
Perelman
Kymlicka

18.

CIJ ch.2
RD chs.9, 10 and 11.
TJ passim, but particularly chs.1, 2 and 3 (esp. 60-95).
Justice According to Rawls (1973) Law Quarterly Review 393
Reading Rawls chs.1, 2, 5 and 10
Anarchy, State and Utopia
Reading Nozick chs. 1, 2, 6 and 18
Justice and Economic Distribution (1978) (good introduction to Nozick and
Rawls)
The Idea of Justice and the Problem of Argument (1963) (classic statement of
justice as essentially contestable)
Contemporary Political Philosophy (1990) (good discussion of Rawls, Dworkin and Nozick in
paperback)

American Legal Realism

IJ
DH
Twining
Twining
Llewellyn & Hobel
Llewellyn
Llewellyn
Cotterrell
Duxbury
Hart

19.

Critical Legal Studies

IJ
DH
Unger
Collins
Altman
Howarth
Dworkin
Kelman
Fitzpatrick & Hunt
Rose

ch.9
ch.15
Karl Llewellyns Unfinished Agenda: The Job of Juristic Method
KLRM chs. 8-10
The Cheyenne Way chs.2, 10 and 11
My Philosophy of law 1941 pp.183 -97
(1940) 49 Yale L.J 1355
The Sociology of Law, 2nd ed. 1991, ch.3
Patterns of American Jurisprudence chs. 1 & 2
American Jurisprudence through English Eyes: The Nightmare and the Noble
Dream in EJP

ch.13* and 15
ch.16
The Critical Legal Studies Movement
Roberto Unger and the Critical Legal Studies Movement (1987) Journal of Law and
Society vol.14 pp.387-408
Critical Legal Studies: a Liberal Critique chs.1-3
Making Sense out of Nonsense Jurisprudence: Cambridge Essays (1992) 29-53
Laws Empire pp.266-75
A Guide to Critical Legal Studies especially the Introduction
Critical Legal Studies esp. CLS: An Introduction p.1 and The
Critique of Law: What is Critical About Critical Legal Theory? p.5
The Dialectic of Nihilism

Key:
AL
CIJ
CL

*Raz
Simmonds
*Hart

The Authority of Law


Central Issues in Jurisprudence
The Concept of Law, 2nd ed.

CPP
DH
EB
EJP
ELP
EPD
GT
IJ
IPML
KLRM
LD
LE
LLS
LMS
LP
LRLT
LTCL
MF
ML
MP
NLNR
OEJ
OG
PT
RD
RDJC
TJ
TL
TRS

*Kymlicka
Davies & Holdcroft
Hart
*Hart
*Dworkin (ed.)
Raz
Kelsen
*Lloyd & Freeman
Bentham
Twining
Dworkin
*Dworkin
Harris
Hacker & Raz ed
Harris
MacCormick
Twining ed
Raz
*Fuller
Dworkin
*Finnis
Simpson ed
Bentham
Kelsen
Guest
*Cohen ed
Rawls
Waldron
*Dworkin

Contemporary Political Philosophy


Jurisprudence: Texts and Commentary
Essays on Bentham
Essays in Jurisprudence and Philosophy
Essays in Legal Philosophy
Ethics in the Public Domain
General Theory of Law and State
Introduction to Jurisprudence
Introduction to the Principles of Morals and Legislation
Karl Llewellyn and the Realist Movement
Lifes Dominion
Laws Empire
Law as Legal Science
Law, Morality and Society
Legal Philosophies 2nd ed.
Legal Reasoning and Legal Theory
Legal Theory and Common Law
The Morality of Freedom
The Morality of Law 2nd ed. revised
A Matter of Principle
Natural Law and Natural Rights
Oxford Essays in Jurisprudence 2nd series
Of Laws in General
The Pure Theory of Law
Ronald Dworkin, 2nd ed.
Ronald Dworkin and Contemporary Jurisprudence
A Theory of Justice
The Law
Taking Rights Seriously

By author:
Bentham
Bentham
*Cohen (ed)
Davies & Holdcroft
Dworkin
*Dworkin
Dworkin
*Dworkin
*Dworkin (ed)
*Finnis
*Fuller
Guest
Hacker & Raz (ed)
Harris
Harris
*Hart
Hart
*Hart
Kelsen
Kelsen
Kymlicka, W.
*Lloyd & Freeman

Introduction to the Principles of Morals and Legislation (IPML)


Of Laws in General (OG)
Ronald Dworkin and Contemporary Jurisprudence (RDJC)
Jurisprudence: Texts and Commentary (DH)
A Matter of Principle (MP)
Laws Empire (LE)
Lifes Dominion (LD)
Taking Rights Seriously (TRS)
Essays in Legal Philosophy (ELP)
Natural Law and Natural Rights (NLNR)
The Morality of Law 2nd ed. (revised) (ML)
Ronald Dworkin, 2nd ed. (RD)
Law, Morality and Society (LMS)
Legal Philosophies 2nd ed. (LP)
Law as Legal Science (LLS)
The Concept of law, 2nd ed. (CL)
Essays on Bentham (EB)
Essays in Jurisprudence and Philosophy (EJP)
General Theory of Law and State (GT)
The Pure Theory of Law (PT)
Contemporary Political Philosophy (CPP)
Introduction to Jurisprudence (IJ)

MacCormick
Rawls
Raz
Raz
Raz
*Simmonds
Simpson (ed)
Twining (ed)
Twining
Waldron

Legal Reasoning and Legal Theory (LRLT)


A Theory of Justice (TJ)
The Authority of Law (AL)
The Morality of Freedom (MF)
Ethics in the Public Domain (EPD)
nd
Central Issues in Jurisprudence, 2 ed. (CIJ)
Oxford Essays in Jurisprudence 2nd series (OEJ)
Legal Theory and Common Law (LTCL)
Karl Llewellyn and the Realist Movement (KLRM)
The Law (TL)