Jurisprudence, Classical and Contemporary: From Natural Law to Postmodernism

Robert L. Hayman, Jr., Widener University School of Law - Wilmington

Nancy Levit, University of Missouri-Kansas City School of Law

Richard Delgado, University of Alabama School of Law

Stanley Fish, Florida International University College of Law

Alice Eakin, Widener University School of Law - Wilmington

Jean Stefancic, University of Alabama School of Law

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Table of Contents

Updates from the 2nd edition:

• The "Natural Law" chapter includes new materials on resolving conflicts among basic liberties, extra-legal protest actions, and “groupthink” as a biasing phenomenon.
• Additional materials in the "Positivism" chapter include excerpts from Brian Bix on the dividing line between natural law and positivism; discussion of Frederick Schauer’s 2015 book, The Force of Law; and new material on socially divisive issues such as abortion and assisted suicide.
• The "Law and Economics" chapter includes a new sub-chapter on "Behavioral Law and Economics" and "Socio-Economics."
• "Law and Literature" includes new material on advocacy, credible narratives, literature in legal education, and the stories Supreme Court justices tell.
• The “Feminist Legal Theory” chapter incorporates new data; material on the future of dominance theory; and discussion of contemporary topics such as cyberexploitation, revenge pornography, and the #MeToo movement.
• New case material and excerpts from law review articles on hate speech and animus have been added, as well as author-written material placing the discussion of hate speech in a broader social and historical setting.
• The "Critical Legal Studies" and "Critical Race Theory" chapters include new scholarship and notes, as well as new questions and suggestions for in-class discussion on what it means to lead an intelligent life as a progressive lawyer. The "Critical Race Theory" chapter also includes new material on spin-off groups such as Lat-Crits and their relationship to critical theory in general.
• A new chapter has been added to address "Approaches to Legal Interpretation."
• The "Gay Legal Theory" chapter features new excerpts and additional landmark cases, including Obergefell and Windsor.
• The chapters on "Pragmatism and the Law" and "Postmodernism and the Law" have been thoroughly revised.
• The "Legal Realism" chapter now includes a sub-chapter on "Legal Process."

Learn more about this series.