PART ONE: THE NATURE AND VALUE OF LAW.
1. The Rule of Law 8.
Lon L. Fuller: Eight Ways to Fail to Make Law. Jeremy Waldron: The Rule of Law and the Importance of Procedure. H. L. A. Hart: Laws and Morals.
2. Natural Law Theory.
Jeremy Bentham: An Introduction to the Principles of Morals and Legislation. Lon L. Fuller: The Case of the Speluncean Explorers. Saint Thomas Aquinas: Selections from On Law, Morality, and Politics. John Finnis: Natural Law and Natural Rights.
3. Legal Positivism.
John Austin: A Positivist Conception of Law. H. L. A. Hart: Law as the Union of Primary and Secondary Rules. The Foundations of a Legal System. Ronald Dworkin: The Model of Rules I.
Jules L. Coleman: Negative and Positive Positivism.
4. Legal Realism and Skepticism.
O. W. Holmes, Jr.: The Path of the Law. Jerome Frank: Legal Realism. K. N. Llewellyn: Ships and Shoes and Sealing Wax.
5. Legal Interpretation.
Ronald Dworkin: Integrity in Law. Antonin Scalia: Common-Law Courts in a Civil-Law System: The Role of United States Federal Courts in Interpreting the Constitution and Laws. Ronald Dworkin: Comment. Antonin Scalia: Response to Dworkin.
6. Critical Approaches to Law.
Robert W. Gordon: Critical Legal Histories. Robin West: From Choice to Reproductive Justice: De-Constitutionalizing Abortion Rights. Cheryl I. Harris: Whiteness as Property.
7. Is There an Obligation to Obey the Law?
Plato: Crito. Martin Luther King, Jr.: Letter from Birmingham Jail. M. B. E. Smith: Is There a Prima Facie Obligation to Obey the Law?
8. International Law and Human Rights.
Allen Buchanan: The Legitimacy of International Law. Oona Hathaway & Scott J. Shapiro: Outcasting: Enforcement in Domestic and International Law. James W. Nickel: Human Rights and the Challenge of Cultural Diversity. Alan M. Dershowitz: Should the Ticking Bomb Terrorist Be Tortured?: A Case Study in How a Democracy Should Make Tragic Choices. Jeremy Waldron: Torture and Positive Law: Jurisprudence for the White House.
PART TWO: THE POLITICAL MORALITY OF LAW.
James Madison: The Federalist Papers: Federalist No. 48: These Departments Should Not Be So Far Separated as to Have No Constitutional Control Over Each Other. Alexander Hamilton or James Madison: The Federalist Papers: Federalist No. 51: The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments. Joseph Raz: Between Authority and Interpretation.
10. What Are Rights?
Joel Feinberg: The Nature and Value of Rights. H. L. A. Hart: Are There Any Natural Rights?
Jeremy Waldron: A Right to Do Wrong.
11. Law and Liberty.
John Stuart Mill: The Liberal Argument -- From On Liberty. Gerald Dworkin: Paternalism. Lord Patrick Devlin: Morals and the Criminal Law. H. L. A. Hart: Immorality and Treason.
12. The Limits of Freedom of Expression.
Joel Feinberg: Offensive Nuisances. Robert Post: Religion and Freedom of Speech: Portraits of Muhammad. T. M. Scanlon, Jr.: Freedom of Expression and Categories of Expression.
13. Distributive Justice and Material Equality.
John Rawls: A Theory of Justice (Excerpts). Robert Nozick: Wilt Chamberlain and Distributive Justice (from Anarchy, State, and Utopia). Harry Frankfurt: Equality as a Moral Ideal. Elizabeth S. Anderson: What Is the Point of Equality?
14. Privacy and Sexual Equality.
Robert P. George: Public Reason and Political Conflict: Abortion and Homosexuality. Leslie Green: Sex-Neutral Marriage.
15. Law and Economics. Louis Kaplow and Steven Shavell: Welfare Economics and Notions of Fairness. Jules L. Coleman: The Grounds of Welfare (Review of Kaplan & Shavell, Fairness versus Welfare).
PART THREE: PHILOSOPHY AND THE LAW.
16. General Principles of Responsibility.
Joel Feinberg: Action and Responsibility. Christopher Kutz: Responsibility. Thomas Nagel: Moral Luck.
17. The Function and Limits of Punishment.
Cesare Beccaria: Of Crimes and Punishments. Immanuel Kant: The Right to Punish. Joel Feinberg: The Classic Debate. R. A. Duff: Responsibility, Restoration, and Retribution. Joel Feinberg: The Expressive Function of Punishment. Herbert Morris: Persons and Punishment. Jeffrie Murphy: Forgiveness and Resentment. Stephen Nathanson: Should We Execute Those Who Deserve to Die?
18. Principles of Criminal Liability.
House of Lords, 1843: The M’Naghten Rules. American Law Institute: The Insanity Defense. Stephen J. Morse: Scientific Challenges to Criminal Responsibility. Gideon Yaffe: Attempts. Liam Murphy: Beneficence, Law, and Liberty: The Case of Required Rescue.
19. Philosophy and Private Law.
John Locke: Of Property from The Second Treatise of Government. David Hume: Of the Origin of Justice and Property from A Treatise of Human Nature. Jeremy Waldron: Two Worries About Mixing One’s Labour. A. M. Honore: Ownership. Charles Fried: Contract as Promise. Anthony T. Kronman: Specific Performance. Seana Valentine Shiffrin: The Divergence of Contract and Promise. Jules L. Coleman: Doing Away with Tort Law. Jules Coleman: Corrective Justice and Wrongful Gain.