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Table of Contents
Intro
Preface
Introduction
Part One: Theory
Chapter 1 The Inner and Outer Morality of Law
The Ambiguity of Rules
The Inner Morality of Law
The Outer Morality of Law
The Interaction of Law and Morality
Morality and the Rule of Law
Chapter 2 Moral Law, Positive Law, Natural Law
Moral Law
Positive Law
Natural Law
Part Two: Method
Chapter 3 Common Law and Statutory Law
Introduction
Holmes and the Common Law
Holmes's Legacy
The Interplay of Common Law and Statutory Law
Can Common Law and Statutory Law be Reconciled?
Chapter 4 The Ethics of Adjudication and Judicial Review
Adjudication
Judicial Review
Part Three: Practice
Chapter 5 Law and Religion
Defining 'Religion'
Madison and Jefferson
Religion in the Courts
Can Law Cognize Religion?
Should Law Cognize Religion?
Conclusion
Chapter 6 Free Speech and Public Consensus
The Limits of Free Speech
Speech That Harms
Political Expression and Debate
The Problem of Public Consensus
Chapter 7 Privacy, Dignity, Intimacy
Elusive Zones of Privacy
Privacy Law
Expanding Privacy
Balancing Privacy Interests
Emerging Issues
Conclusion
Chapter 8 Law and Politics
The Politics of Law
The Law of Politics
Conclusion
Chapter 9 Morality and Laws of the Body
Introduction
Liberty and Paternalism
Suicide and Assisted Suicide
Assisted Dying, Triage, and Euthanasia
Marriage and Parenthood
Birth Control and Sterilization
Sexual Activity and Experience
Abortion
Punishment
Conclusion.
Preface
Introduction
Part One: Theory
Chapter 1 The Inner and Outer Morality of Law
The Ambiguity of Rules
The Inner Morality of Law
The Outer Morality of Law
The Interaction of Law and Morality
Morality and the Rule of Law
Chapter 2 Moral Law, Positive Law, Natural Law
Moral Law
Positive Law
Natural Law
Part Two: Method
Chapter 3 Common Law and Statutory Law
Introduction
Holmes and the Common Law
Holmes's Legacy
The Interplay of Common Law and Statutory Law
Can Common Law and Statutory Law be Reconciled?
Chapter 4 The Ethics of Adjudication and Judicial Review
Adjudication
Judicial Review
Part Three: Practice
Chapter 5 Law and Religion
Defining 'Religion'
Madison and Jefferson
Religion in the Courts
Can Law Cognize Religion?
Should Law Cognize Religion?
Conclusion
Chapter 6 Free Speech and Public Consensus
The Limits of Free Speech
Speech That Harms
Political Expression and Debate
The Problem of Public Consensus
Chapter 7 Privacy, Dignity, Intimacy
Elusive Zones of Privacy
Privacy Law
Expanding Privacy
Balancing Privacy Interests
Emerging Issues
Conclusion
Chapter 8 Law and Politics
The Politics of Law
The Law of Politics
Conclusion
Chapter 9 Morality and Laws of the Body
Introduction
Liberty and Paternalism
Suicide and Assisted Suicide
Assisted Dying, Triage, and Euthanasia
Marriage and Parenthood
Birth Control and Sterilization
Sexual Activity and Experience
Abortion
Punishment
Conclusion.