Expanded Reading List

Except for selections from Dworkin's Taking Rights Seriously and Hart's The Concept of Law, the readings come from various editions of Feinberg and Gross, Readings in The Philosophy of Law. Those that are out of print, I hope to scan and put on the course website for your easy access. You may be interested in buying the most recent edition for easier access to them and for other interesting readings.  You may also consult any general or introductory text in philosophy of law, look at web pages, discussion groups and any other sources you can find dealing with philosophy of law.

Use this list in conjunction with the list of readings in the lectures link. The keys in that link are expanded here. If no book is indicated, the reading is from Feinberg's Philosophy of Law which is on reserve.

ALI = “From the Model Penal Code” (Feinberg: Most editions)

Aquinas =  “Concerning the Nature of Law” (Feinberg 1st - 4th editions)

Austin = “A Positive Conception of Law” (Feinberg: Most editions)

Barry = “Justice and Fairness” (Feinberg: Some editions)

Burns = "Aquinas's Two Doctrines of Natural Law"

Bix = “Natural Law Theory” Also pp. 7-17 (Feinberg 6th and 7th Edition)

Dimock = “The Natural Law Theory of St. Thomas Aquinas” 19-32 (Feinberg 6th and 7th Edition)

Dworkin #1 = “Introduction” Taking Rights Seriously pp. vii-xv

Dworkin #2 = “The Model of Rules” Taking Rights Seriously pp. 14-80

Dworkin #3 = “Justice and Rights” Taking Rights Seriously pp. 150-183

Dworkin #4 = “Hard Cases” Taking Rights Seriously pp. 82-130

Dworkin #5 = “Integrity in Law” Law's Empire and (Feinberg: Later editions)

Dworkin #6 = “Civil Disobedience” Taking Rights Seriously pp. 206-220

Dworkin G. = “Paternalism” (Feinberg: Most editions)

Fa and Laws = “The Rule of Law: Chinese Substance and Western Function”

Feinberg #1 = “The Classic Debate” (Feinberg: Most editions)

Feinberg #2 = “Civil Disobedience in the Modern World” (Feinberg: Middle editions)

Fuller #1 = “The Problem of the Grudge Informer” (Feinberg: Early editions)

Fuller #2 = “Positivism and Fidelity to Law—A Reply to Professor Hart” (Feinberg: Most editions)

Grey = “A Realist Conception of Law” (Feinberg: Early editions)

Gross = “Mental Abnormality as a Criminal Excuse” (Feinberg: Early editions)

Hart #1 = “A New Conception of Law” from The Concept of Law pp. 79-99 which is also in most Feinberg editions under "Law as the Union of Primary and Secondary Rules."

Hart #2 = “Positivism and the Separation of Law and Morals” (Feinberg: Most editions)

Hart #3 = “Problems of Legal Reasoning” (Feinberg: Early editions)

Hart #4 = “Negligence, Mens Rea and Criminal Responsibility” (Feinberg: Early editions)

Hart #5 = “Causation and Responsibility” (Feinberg: Most editions)

Hart Intro = The Concept of Law pp. 6-17, 167-184

Hart Postscript = The Concept of Law pp. 238-248

Hohfeld = “Rights and Jural Relations” (Feinberg)

Holmes = "The Path of the Law" (Feinberg: Later editions)

Keeton = “The Basic Rule of Legal Cause in Negligence Cases” (Feinberg: Early editions)

Kelsen #1 = “The Dynamic Aspect of the Law” (Feinberg: Early editions)

Kelsen Analysis in Stanford Encyclopedia by Andrei Marmor

Mackie #1 = “Retributivism: A Test Case for Ethical Objectivity” (Feinberg: Middle editions)

Mackie #2 = “The Third Theory of Law” (Feinberg: Middle editions)

Mill = “On Liberty” (Feinberg: Most editions)

Morris = “Persons and Punishment” (Feinberg: Early editions)

Rawls #1 = “Punishment: Two Concepts of Rules” (Feinberg: Early editions)

Rawls #2 = “Justice as Fairness” (Feinberg: Early editions and the latest one here)

Rawls #3 = “Civil Disobedience” (Feinberg: Early editions)

Smith = “Is there a Prima Facie Obligation to Obey the Law? (Feinberg: Early editions)