legal theory: philosophy



I. The Taking Question: A Magnet for Moral Philosophy in Law?

A. What is the Taking Question?

B. Why Get Philosophical About It?

1. Constitutional purpose and moral valuation
2. Moral valuation and the role of the judge: legal positivism
3. The shortfall of history
4. From moral values to moral theories
5. A summing-up

II. Some Moral-Theoretic Takes on the Taking Question

A. Rights, Goals, and Consequences

B. A Test Case

C. The Utilitarian Approach

D. Ackerman's "Kantian" Approach

E. Radin's "Personhood" Approach

F. Epstein's Natural-Rights Approach