John Locke is one of the most important figures in the history of philosophy. His Two Treatises of Government and A Letter Concerning Toleration fascinate us as much today as they did when first published three centuries ago. Locke and Law presents for the first time in one collection the most important contemporary writings exploring his many contributions to legal theory. These articles and essays deal with a variety of issues, such as natural law, natural rights, property, abortion, constitutional law, the relationship between law and society, punishment, toleration, and civil disobedience.
Contents: Series preface; Introduction; Part I Natural Law and Natural Rights: Locke on natural law and property rights, David C. Snyder; Limiting Locke: a natural law justification for the fair use doctrine, Benjamin G. Damstedt; The shape of Lockean rights: fairness, pareto, moderation, and consent, Richard J. Arnesen . Part II Property: Original acquisition of private property, Leif Wenar; Locke, property, and progressive taxes, Donna M. Byrne ; Nozick and Locke: filling the space of rights, Jeremy Waldron. Part III Abortion: The prize and the price of individual agency: another perspective on abortion and liberal government, Kimberley Sharron Dunn . Part IV Constitutional Law: John Locke's doctrine of the separation of powers: a re-evaluation, Suri Ratnapala; Reason to ratify: the influence of John Locke's religious beliefs on the creation and adoption of the United States Constitution, David L. Wardle; John Locke's political plan, or, there's no such thing as judicial impartiality (and it's a good thing too), John M. Kang. Part V Law and Society: Radical evil in the Lockean state: the neglect of the political emotions, Martha C. Nussbaum. Part VI Punishment: Locke and the right to punish, A. John Simmons; Locke on punishment and the death penalty, Brian Calvert. Part VII Tolerance and Civil Disobedience: 'We the people': John Locke, collective constitutional right, and standing to challenge government action, Donald L. Doernberg; Political Freedom, James Tully; Locke, sincerity, and the rationality of persecution, Paul Bou-Habib ; Name index.