The author describes Hart as a critic of Austin, believing that Hart s view of positive law would not distinguish government from a gunman. Chapter Three covers the most important of the debates over constitutional interpretation, including the principle of judicial review. The reader is told of the views of Madison, Hamilton, Jefferson, Ely, Ackerman, Argresto, Bork, and Dworkin. Here arguments from traditionalist and legal realists are set forth and compared. Prominent theorists whose work is discussed include Ames, Feinberg, Lord Macaulay, and Epstein.
Criminal law is the topic of Chapter Five.
The reader is also exposed to debates on such topics as the type of behavior that should be subject to criminal liability and the moral limits of criminal law. Concepts and theories from Pareto to Posner are explained and debated in Chapter Six, which deals with issues of law and economics. Chapter Seven, Feminism and the Law, sets out many of the debates among feminists . The role of patriarchy in our society and the scope of the government s power to use the law to advance or protect the interests of women are discussed from the standpoint of liberal feminists, radical feminists, progressive feminists, and conservative feminists, with most of the ink going to liberal and radical feminism. Specific issues debated include privacy, abortion rights, male-female differences, and pornography.