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Natural Law and Justice
"Human beings are a part of nature and apart from it." The argument of Natural Law and Justice is that the philosophy of natural law and contemporary theories about the nature of justice are both efforts to make sense of the fundamental paradox of human experience: individual freedom and responsibility in a causally determined universe. Lloyd Weinreb restores the original understanding of natural law as a philosophy about the place of humankind in nature. He traces the natural law tradition from its origins in Greek speculation through its classic Christian statement by Thomas Aquinas. He goes on to show how the social contract theorists adapted the idea of natural law to provide for politic...
Legal Reason
Legal Reason describes and explains the process of analogical reasoning, which is the distinctive feature of legal argument. It challenges the prevailing view, urged by Edward Levi, Cass Sunstein, Richard Posner and others, which regards analogical reasoning as logically flawed or as a defective form of deductive reasoning. It shows that analogical reasoning in the law is the same as the reasoning used by all of us routinely in everyday life and that it is a valid form of reasoning derived from the innate human capacity to recognize the general in the particular, on which thought itself depends. The use of analogical reasoning is dictated by the nature of law, which requires the application of rules to particular facts. Written for scholars as well as students and persons generally who are interested in law, Legal Reason is written in clear, accessible prose, with many examples drawn from the law and from everyday experience.
Criminal Law
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Legalism
Incisively and stylishly written, this book constitutes an open challenge to reconsider the fundamental question of the relationship of law to society.
Natural Law, Liberalism, and Morality
A number of leading defenders of natural law and liberalism offer frank and lively exchanges touching upon critical issues surrounding contemporary moral and political theory.
Liberty and Law
Liberty and Law examines a previously underappreciated theme in legal history - the idea of permissive natural law. The idea is mentioned only peripherally, if at all, in modern histories of natural law. Yet it engaged the attention of jurists, philosophers, and theologians over a long period and formed an integral part of their teachings. This ensured that natural law was not conceived of as merely a set of commands and prohibitions that restricted human conduct, but also as affirming a realm of human freedom, understood as both freedom from subjection and freedom of choice. Freedom can be used in many ways, and throughout the whole period from 1100 to 1800 the idea of permissive natural law was deployed for various purposes in response to different problems that arose. It was frequently invoked to explain the origin of private property and the beginnings of civil government.
Erma Elephant and the Really Big Hole
In this charmingly illustrated story, Erma Elephant and her animal friends discover that size doesn't matter.
Leading Constitutional Cases on Criminal Justice 2022
The leader in its field, Leading Constitutional Cases on Criminal Justice is updated annually and includes all significant cases decided in the preceding Term of the Court. This is a year of editorial transition, with Professor Elizabeth Papp Kamali stepping in to continue updating the book, embracing the approach developed by the late Lloyd Weinreb over an impressive five decades as sole editor. In keeping with Professor Weinreb's method, cases will continue to be edited generously and presented in a simple, straightforward format, for use in courses on constitutional law and criminal justice. For the 2022 edition, citations that were unavailable for the previous edition have been supplied, small corrections have been made, and one case from the most recent Term has been added: Lange v. California. The 2022 edition will be published in August and will be available for fall classes.
Legal Reasoning and Political Conflict
The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political Conflict, Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the court...
