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The Logic Of Consent
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Book Synopsis The Logic of Consent by : Peter Westen
Download or read book The Logic of Consent written by Peter Westen and published by Routledge. This book was released on 2017-03-02 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Logic of Consent analyzes the varied nature of consent arguments in criminal law and examines the confusions that commonly arise from the failure of legislatures, courts and commentators to understand them. Peter Westen skillfully argues that the conceptual aspect accounts for a significant number of the difficulties that legislatures, courts and scholars have with consent in criminal cases; he observes that consent masquerades as a single kind of event when, in reality, it refers to diverse and sometimes mutually exclusive kinds of events. Specifically, consent is used in law to refer to three pairs of contrasting kinds of events: factual versus legal, attitudinal versus expressive, and prescriptive versus imputed. While Westen takes no position on whether the substance of existing defenses of consent in criminal law ought to be enlarged or reduced in scope, he examines each of these contrasting events and analyzes the normative confusions they produce.
Book Synopsis The Calculus of Consent by : James M. Buchanan
Download or read book The Calculus of Consent written by James M. Buchanan and published by Selected Works of Gordon Tullo. This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Calculus of Consent, the second volume of Liberty Fund's The Selected Works of Gordon Tullock, is a reprint edition of the ground-breaking economic classic written by two of the world's preeminent economists--Gordon Tullock and Nobel Laureate James M. Buchanan. This book is a unique blend of economics and political science that helped create significant new subfields in each discipline respectively, namely, the public choice school and constitutional political economy. Charles K. Rowley, Duncan Black Professor of Economics at George Mason University, points out in his introduction, "The Calculus of Consent is, by a wide margin, the most widely cited publication of each coauthor and, by general agreement, their most important scientific contribution." The Calculus of Consent is divided into four parts, each consisting of several chapters. The introduction by Professor Rowley provides a short overview of the book and identifies key insights that permeated the bounds of economics and political science and created an enduring nexus between the two sciences. Part I of The Calculus of Consent establishes the conceptual framework of the book's subject; part II defines the realm of social choice; part III applies the logic developed in part II to describe a range of decision-making rules, most notably, the rule of simple majority; and part IV explores the economics and ethics of democracy. Gordon Tullock is Professor Emeritus of Law at George Mason University, where he was Distinguished Research Fellow in the Center for Study of Public Choice and University Professor of Law and Economics. He also taught at the University of South Carolina, the University of Virginia, Rice University, Virginia Polytechnic Institute and State University, and the University of Arizona. In 1966 he founded the journal that became Public Choice and remained its editor until 1990. James M. Buchanan is an eminent economist who won the Alfred Nobel Memorial Prize in Economic Sciences in 1986 and is considered one of the greatest scholars of liberty of the twentieth century. He is also Professor Emeritus at George Mason and Virginia Tech Universities. Charles K. Rowley was Duncan Black Professor of Economics at George Mason University and a Senior Fellow of the James M. Buchanan Center for Political Economy at George Mason University. He was also General Director of the Locke Institute.
Book Synopsis The Calculus of Consent by : James M. Buchanan
Download or read book The Calculus of Consent written by James M. Buchanan and published by University of Michigan Press. This book was released on 1965 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: A scientific study of the political and economic factors influencing democratic decision making
Book Synopsis Consent, Dissent, and Patriotism by : Margaret Levi
Download or read book Consent, Dissent, and Patriotism written by Margaret Levi and published by Cambridge University Press. This book was released on 1997-10-13 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democratic governments are able to elicit, legally and legitimately, both money and men from their populations. Certainly there is tax evasion, draft evasion, and even outright resistance; yet to a remarkable extent citizens acquiesce and even actively consent to the demands of governments, well beyond the point explicable by coercion. This is a puzzle for social scientists, particularly those who believe that individuals are self-interested, rational actors who calculate only the private egoistic costs and benefits of possible choices. The provisions of collective good should never justify a quasi-voluntary tax payment and the benefits of a war could not possibly exceed the cost of dying. This book explains the institutionalization of policy in response to anticipated and actual citizen behaviour and the conditions under which citizens give, refuse and withdraw their consent. Professor Levi claims that citizens' consent is contingent upon the perceived fairness of both the government and of other citizens. Most citizens of democracies, most of the time, are more likely to give their consent if they believe that government actors and other citizens are behaving fairly toward them.
Book Synopsis The Age of Consent by : George Monbiot
Download or read book The Age of Consent written by George Monbiot and published by HarperCollins UK. This book was released on 2010-05-27 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: A manifesto for a new world order.
Book Synopsis Consent to Sexual Relations by : Alan Wertheimer
Download or read book Consent to Sexual Relations written by Alan Wertheimer and published by Cambridge University Press. This book was released on 2003-09-18 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: An important discussion of philosophical issues surrounding consent to sexual relations.
Book Synopsis The Logic of Liberal Rights by : Eric Heinze
Download or read book The Logic of Liberal Rights written by Eric Heinze and published by Routledge. This book was released on 2004-02-24 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Logic of Liberal Rights uses basic logic to develop a model of argument presupposed in all disputes about civil rights and liberties. No prior training in logic is required, as each step is explained. This analysis does not merely apply general logic to legal arguments but is also specifically tailored to the issues of civil rights and liberties. It shows that all arguments about civil rights and liberties presuppose one fixed structure and that there can be no original argument in rights disputes, except within the confines of that structure. Concepts arising in disputes about rights, like 'liberal' or 'democratic', are not mere abstractions but have a fixed and precise character. This book integrates themes in legal theory, political science and moral philosophy, as well as the philosophy of logic and language. For the advanced scholar, the book provides a model presupposed by leading theoretical schools (liberal and critical, positivist and naturalist). For the student it provides a systematic theory of civil rights and liberties. Examples are drawn from the European Convention in Human Rights but no special knowledge of the Convention is assumed, as the issues analysed arise throughout the world. Such issues include problems of free speech, religious freedom, privacy, torture, unlawful detention and private property.
Book Synopsis The Ethics of Consent by : Franklin Miller
Download or read book The Ethics of Consent written by Franklin Miller and published by Oxford University Press. This book was released on 2010 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consent is a basic component of the ethics of human relations, making permissible a wide range of conduct that would otherwise be wrongful. Consent marks the difference between slavery and employment, permissible sexual relations and rape, borrowing or selling and theft, medical treatment and battery, participation in research and being a human guinea pig. This book assembles the contributions of a distinguished group of scholars concerning the ethics of consent in theory and practice. Part One addresses theoretical perspectives on the nature and moral force of consent, and its relationship to key ethical concepts, such as autonomy and paternalism. Part Two examines consent in a broad range of contexts, including sexual relations, contracts, selling organs, political legitimacy, medicine, and research.
Book Synopsis Legal Evidence and Proof by : Henry Prakken
Download or read book Legal Evidence and Proof written by Henry Prakken and published by Routledge. This book was released on 2016-04-22 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a result of recent scandals concerning evidence and proof in the administration of criminal justice - ranging from innocent people on death row in the United States to misuse of statistics leading to wrongful convictions in The Netherlands and elsewhere - inquiries into the logic of evidence and proof have taken on a new urgency both in an academic and practical sense. This study presents a broad perspective on logic by focusing on inference not just in isolation but as embedded in contexts of procedure and investigation. With special attention being paid to recent developments in Artificial Intelligence and the Law, specifically related to evidentiary reasoning, this book provides clarification of problems of logic and argumentation in relation to evidence and proof. As the vast majority of legal conflicts relate to contested facts, rather than contested law, this volume concerning facts as prime determinants of legal decisions presents an important contribution to the field for both scholars and practitioners.
Download or read book Position and Change written by L. Lindahl and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present study which I have subtitled A Study in Law and Logic was prompted by the question of whether an investigation into law and legal systems could lead to the discovery of unrevealed fundamental patterns common to all such systems. This question was further stimulated by two interrelated problems. Firstly, could an inquiry be rooted in specifically legal matters, as distinct from the more usual writings on deontic logic? Secondly, could such inquiry yield a theory which would nevertheless embrace a strict and simple logical structure, permitting substantive conclusions in legal matters to be deduced from simple rules governing some basic concepts? Before the development of deontic logic, W. N. Hohfeld devoted his efforts to this question at the beginning of this century. However, with this exception, few jurists have studied the interrelation between law and logic projected in this way. Nevertheless, two great names are to be found, Gottfried Wilhelm Leibniz and Jeremy Bentham-both philo sophers with legal as weIl as logical training. Bentham's investigations of logical patterns in law have only recently attracted attention; and as for Leibniz, his achievements are still almost totally unexplored (his most important writings on law and logic have not even been translated from Latin). My initial interest in the question was evoked by Professor Stig Kanger. Although primarily a logician and philosopher, Stig Kanger has been interested also in the fundamentals of legal theory.
Download or read book Just Love written by Margaret A. Farley and published by A&C Black. This book was released on 2006-01-01 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the sexual beliefs and practices of different religions, cultures, genders, and relationships to propose a modern-day framework on the topic that is more focused on love rather than sex.
Book Synopsis Tides of Consent by : James A. Stimson
Download or read book Tides of Consent written by James A. Stimson and published by Cambridge University Press. This book was released on 2015-08-25 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Politics is a trial in which those in government - and those who aspire to serve - make proposals, debate alternatives, and pass laws. Then the jury of public opinion decides. It likes the proposals or actions or it does not. It trusts the actors or it does not. It moves, always at the margin, and then those who benefit from the movement are declared winners. This book is about that public opinion response. Its most basic premise is that although public opinion rarely matters in a democracy, public opinion change is the exception. Public opinion rarely matters because the public rarely cares enough to act on its concerns or preferences. Change happens only when the threshold of normal public inattention is crossed. When public opinion changes, governments rise or fall, elections are won or lost, and old realities give way to new demands.
Book Synopsis The Logic of Social Control by : A.V. Horwitz
Download or read book The Logic of Social Control written by A.V. Horwitz and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Logic in the Theory and Practice of Lawmaking by : Michał Araszkiewicz
Download or read book Logic in the Theory and Practice of Lawmaking written by Michał Araszkiewicz and published by Springer. This book was released on 2015-10-05 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the current state of the art regarding the application of logical tools to the problems of theory and practice of lawmaking. It shows how contemporary logic may be useful in the analysis of legislation, legislative drafting and legal reasoning concerning different contexts of law making. Elaborations of the process of law making have variously emphasised its political, social or economic aspects. Yet despite strong interest in logical analyses of law, questions remains about the role of logical tools in law making. This volume attempts to bridge that gap, or at least to narrow it, drawing together some important research problems—and some possible solutions—as seen through the work of leading contemporary academics. The volume encompasses 20 chapters written by authors from 16 countries and it presents diversified views on the understanding of logic (from strict mathematical approaches to the informal, argumentative ones) and differentiated choices concerning the aspects of law making taken into account. The book presents a broad set of perspectives, insights and results into the emerging field of research devoted to the logical analysis of the area of creation of law. How does logic inform lawmaking? Are legal systems consistent and complete? How can legal rules be represented by means of formal calculi and visualization techniques? Does the structure of statutes or of legal systems resemble the structure of deductive systems? What are the logical relations between the basic concepts of jurisprudence that constitute the system of law? How are theories of legal interpretation relevant to the process of legislation? How might the statutory text be analysed by means of contemporary computer programs? These and other questions, ranging from the theoretical to the immediately practical, are addressed in this definitive collection.
Book Synopsis The Logic of Time by : Johan van Benthem
Download or read book The Logic of Time written by Johan van Benthem and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subject of Time has a wide intellectual appeal across different dis ciplines. This has shown in the variety of reactions received from readers of the first edition of the present Book. Many have reacted to issues raised in its philosophical discussions, while some have even solved a number of the open technical questions raised in the logical elaboration of the latter. These results will be recorded below, at a more convenient place. In the seven years after the first publication, there have been some noticeable newer developments in the logical study of Time and temporal expressions. As far as Temporal Logic proper is concerned, it seems fair to say that these amount to an increase in coverage and sophistication, rather than further break-through innovation. In fact, perhaps the most significant sources of new activity have been the applied areas of Linguistics and Computer Science (including Artificial Intelligence), where many intriguing new ideas have appeared presenting further challenges to temporal logic. Now, since this Book has a rather tight composition, it would have been difficult to interpolate this new material without endangering intelligibility.
Download or read book No Treason written by Lysander Spooner and published by Read Books Ltd. This book was released on 2013-04-16 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1870, this essay by the American anarchist and political philosopher Lysander Spooner is here reproduced. Described by Murray Rothbard as “the greatest case for anarchist political philosophy ever written”, Spooner’s lengthy essay is still referenced by anarchists and philosophers today. In it, he argues that the American Civil War violated the US Constitution, thus rendering it null and void. An indispensable read for political historians both amateur and professional alike. Many of the earliest books, particularly those dating back to the 1900s and before, are now extremely scarce and increasingly expensive. We are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork.
Download or read book The Logic of Mind written by R.J. Nelson and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a mechanist philosophy of mind. I hold that the human mind is a system of computational or recursive rules that are embodied in the nervous system; that the material presence of these rules accounts for perception, conception, speech, belief, desire, intentional acts, and other forms of intelligence. In this edition I have retained the whole of the fIrst edition except for discussion of issues which no longer are relevant in philosophy of mind and cognitive psychology. Earlier reference to disputes of the 1960's and 70's between hard-line empiricists and neorationalists over the psychological status of grammars and language acquisition, for instance, has simply been dropped. In place of such material I have entered some timely or new topics and a few changes. There are brief references to the question of computer versus distributed processing (connectionist) theories. Many of these questions dissolve if one distinguishes as I now do in Chapter II between free and embodied algorithms. I have also added to my comments on artifIcal in telligence some reflections. on Searle's Chinese Translator. The irreducibility of machine functionalist psychology in my version or any other has been exaggerated. Input, output, and state entities are token identical to physical or biological things of some sort, while a machine system as a collection of recursive rules is type identical to representatives of equivalence classes. This nuld technicality emerges in Chapter XI. It entails that so-called "anomalous monism" is right in one sense and wrong in another.
