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Book Synopsis Philosophy of Private Law by : William Lucy
Download or read book Philosophy of Private Law written by William Lucy and published by . This book was released on 2007 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: In what, if any sense are our torts and our breaches of contract 'wrongs'? These two branches of private law have for centuries provided philosophers and jurists with grounds for puzzlement and this book provides both an outline of, and intervention in, contemporary jurisprudential debates about the nature and foundation of liability in private law.
Book Synopsis Law without Justice by : Paul H. Robinson
Download or read book Law without Justice written by Paul H. Robinson and published by Oxford University Press. This book was released on 2005-12-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: If an innocent person is sent to prison or if a killer walks free, we are outraged. The legal system assures us, and we expect and demand, that it will seek to "do justice" in criminal cases. So why, for some cases, does the criminal law deliberately and routinely sacrifice justice? In this unflinching look at American criminal law, Paul Robinson and Michael Cahill demonstrate that cases with unjust outcomes are not always irregular or unpredictable. Rather, the criminal law sometimes chooses not to give defendants what they deserve: that is, unsatisfying results occur even when the system works as it is designed to work. The authors find that while some justice-sacrificing doctrines serve their intended purpose, many others do not, or could be replaced by other, better rules that would serve the purpose without abandoning a just result. With a panoramic view of the overlapping and often competing goals that our legal institutions must balance on a daily basis, Law without Justice challenges us to restore justice to the criminal justice system.
Download or read book The Law and Equity Reporter written by and published by . This book was released on 1878 with total page 850 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rawls and Law written by Thom Brooks and published by Routledge. This book was released on 2017-07-05 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Rawls (1921-2002) is widely held to be amongst the most important political philosophers for over a century. This volume, which is the first work of its kind to publish in one place the most influential essays in the field, features articles on a wide range of subjects including constitutionalism, democratic theory, egalitarianism, feminism, global justice, political liberalism, the rule of law, and public reason. The collection informs scholars and students coming to the study of Rawls's work for the first time of the importance and complexity of Rawl's ideas, and sheds light on how these ideas might be further improved and applied.
Book Synopsis Philosophical Foundations of Discrimination Law by : Deborah Hellman
Download or read book Philosophical Foundations of Discrimination Law written by Deborah Hellman and published by OUP Oxford. This book was released on 2013-11-28 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do we understand and justify the particular partialities that discrimination law tries to protect against? Are different discrimination laws from around the world grounded in a single set of norms? And does discrimination law fail to treat people as individuals? The philosophical study around discrimination law in the private and public sector is a relatively young field of inquiry. This is owing to the fact that anti-discrimination laws are relatively new. It is arguably only since the Second World War that these rights have been adopted by countries in a broad sense, ensuring that all citizens have civil rights and the right to non-discrimination. Theory around discrimination law has until recently been threefold, doctrinal in its approach, questioning equality - why it matters and why should it influence legislatures in the design of policy - and thirdly focusing on the issue of affirmative action. This volume takes a fresh look at the philosophy of discrimination law, identifying points of discussion in need of further study. It addresses how we are to understand and justify laws prohibiting discrimination. For instance, how discrimination might be best conceived - as a personal wrong or as an unfair distribution of resources. The volume then turns to a number of meta-theoretical questions, whether different discrimination laws are coherent and grounded in collectively held beliefs or are instead a collection of very different rules that have no underlying coherence. Lastly, the authors focus on issues in discrimination law that are currently the topic of considerable political debate. The questions raised here are urgent and necessary and it is the hope of the authors that other academics and philosophers may join in their discussions.
Book Synopsis Private Law and the Value of Choice by : Emmanuel Voyiakis
Download or read book Private Law and the Value of Choice written by Emmanuel Voyiakis and published by Bloomsbury Publishing. This book was released on 2017-01-12 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some say that private law ought to correct wrongs or to protect rights. Others say that private law ought to maximise social welfare or to minimise social cost. In this book, Emmanuel Voyiakis claims that private law ought to make our responsibilities to others depend on the opportunities we have to affect how things will go for us. Drawing on the work of HLA Hart and TM Scanlon, he argues that private law principles that require us to bear certain practical burdens in our relations with others are justified as long as those principles provide us with certain opportunities to choose what will happen to us, and having those opportunities is something we have reason to value. The book contrasts this 'value-of-choice' account with its wrong- and social cost-based rivals, and applies it to familiar problems of contract and tort law, including whether liability should be negligence-based or stricter; whether insurance should matter in the allocation of the burden of repair; how far private law should make allowance for persons of limited capacities; when a contract term counts as 'unconscionable' or 'unfair'; and when tort law should hold a person vicariously liable for another's mistakes.
Book Synopsis Law and Morality by : David Dyzenhaus
Download or read book Law and Morality written by David Dyzenhaus and published by University of Toronto Press. This book was released on 2001-01-01 with total page 1086 pages. Available in PDF, EPUB and Kindle. Book excerpt: Filling a long-standing need for a Canadian textbook in the philosophy of law, this anthology includes articles, readings, and cases in legal philosophy to give students the conceptual tools necessary to consider the general problems of jurisprudence.
Book Synopsis Civil Wrongs and Justice in Private Law by : Paul B. Miller
Download or read book Civil Wrongs and Justice in Private Law written by Paul B. Miller and published by Oxford University Press, USA. This book was released on 2020 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. For example, some tort theorists maintain that tort law is best understood as a (or perhaps the) law of civil wrongs and some contract law theorists maintain that breach of contract is a civil wrong. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. The present volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing. It should be of broad interest to lawyers and legal theorists as well as moral and political theorists"--
Book Synopsis Philosophical Foundations of the Law of Torts by : John Oberdiek
Download or read book Philosophical Foundations of the Law of Torts written by John Oberdiek and published by OUP Oxford. This book was released on 2014-03-20 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary philosophy and tort law have long enjoyed a happy union. Tort theory today is an exceptionally active and wide ranging field within legal philosophy. This volume brings together established and emerging scholars from around the world and from varying disciplines that bring their distinct perspective to the philosophical problems of tort law. These ground breaking essays advance longstanding debates and open up new avenues of enquiry thus deepening and broadening the field. Contributions cover the major problematic areas of tort law, such as the relations between responsibility, fault, and strict liability; the morality of harm, compensation, and repair; and the relationship of tort with criminal and property law among many others.
Book Synopsis Calculated Kindness by : Gil Loescher
Download or read book Calculated Kindness written by Gil Loescher and published by Simon and Schuster. This book was released on 1998-10 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Powerful . . . well-documented, well-written, and most informative, ("Calculated Kindness") is . . . for all Americans who wish to better understand the often competing policies and principles that have regulated immigrations practices in the United States".--(Rev.) Theodore M. Hesburgh, C.S.C., President, University of Notre Dame.
Book Synopsis The Force of Law by : Frederick Schauer
Download or read book The Force of Law written by Frederick Schauer and published by Harvard University Press. This book was released on 2015-02-10 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law
Book Synopsis Philosophical Foundations of Criminal Law by : R. A. Duff
Download or read book Philosophical Foundations of Criminal Law written by R. A. Duff and published by OUP Oxford. This book was released on 2013-01-24 with total page 655 pages. Available in PDF, EPUB and Kindle. Book excerpt: Twenty-five leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds of conduct should be criminalized? What are the principles of criminal responsibility? How should offences and defences be defined? The criminal process and the criminal trial need to be studied closely, and the purposes and modes of punishment should be scrutinized. Such a re-examination must draw on the resources of various disciplines-notably law, political and moral philosophy, criminology and history; it must examine both the inner logic of criminal law and its place in a larger legal and political structure; it must attend to the growing field of international criminal law, it must consider how the criminal law can respond to the challenges of a changing world. Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways in which offences and defences should be defined; the criminal process and its values; criminal punishment; the relationship between international criminal law and domestic criminal law. Together, the essays provide a picture of the exciting state of criminal law theory today, and the basis for further research and debate in the coming years.
Book Synopsis Death Investigation by : Sheehan, Phinney, Bass & Green Professional Association
Download or read book Death Investigation written by Sheehan, Phinney, Bass & Green Professional Association and published by . This book was released on 1978 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Damages in International Law by : Marjorie Millace Whiteman
Download or read book Damages in International Law written by Marjorie Millace Whiteman and published by . This book was released on 1937 with total page 734 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Routledge Companion to Philosophy of Law by : Andrei Marmor
Download or read book The Routledge Companion to Philosophy of Law written by Andrei Marmor and published by Routledge. This book was released on 2012-04-27 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Companion to the Philosophy of Law provides a comprehensive, non-technical philosophical treatment of the fundamental questions about the nature of law. Its coverage includes law’s relation to morality and the moral obligations to obey the law, the main philosophical debates about particular legal areas such as criminal responsibility, property, contracts, family law, law and justice in the international domain, legal paternalism and the rule of law. The entirely new content has been written specifically for newcomers to the field, making the volume particularly useful for undergraduate and graduate courses in philosophy of law and related areas. All 39 chapters, written by the world’s leading researchers and edited by an internationally distinguished scholar, bring a focused, philosophical perspective to their subjects. The Routledge Companion to the Philosophy of Law promises to be a valuable and much consulted student resource for many years.
Download or read book The Cornell Alumni News written by and published by . This book was released on 1913 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Lawyer and Banker written by and published by . This book was released on 1920 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt:
