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Why The Law Is So Perverse
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Book Synopsis Why the Law Is So Perverse by : Leo Katz
Download or read book Why the Law Is So Perverse written by Leo Katz and published by University of Chicago Press. This book was released on 2011-09 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Katz focuses on four fundamental features of our legal system, all of which seem to not make sense on some level and to demand explanation. First, legal decisions are essentially made in an either/or fashion... Second, the law is full of loopholes... Third, legal systems are loath to punish certain kinds of highly immoral conduct while prosecuting other far less pernicious behaviors... Finally, why does the law often prohibit what are sometimes called win-win transactions, such as organ sales or surrogacy contracts?" - from the University of Chicago Press press release
Download or read book No Contest written by Ralph Nader and published by Random House. This book was released on 1998-12-22 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal rights of Americans are threatened as never before. In No Contest, Ralph Nader and Wesley J. Smith reveal how power lawyers--Kenneth Starr perhaps the most notorious among them--misuse and manipulate the law at the expense of fairness and equity. Nader and Smith document how corporate lawyers File baseless lawsuits Use court secrecy to their unfair advantage Engage in billing fraud Nader and Smith sound the warning that this system-wide abuse is eroding our basic legal rights, and propose a positive, commonsense vision of what should be done to reverse the corporate-inspired corruption of civil justice. Timely, incisive, and highly readable, this is a book for all citizens who believe that prompt access to justice is the backbone of democracy, and a precious right to be reclaimed.
Download or read book Against the Law written by Paul F. Campos and published by Duke University Press. This book was released on 1996 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fundamental critique of American law and legal thought, Against the Law consists of a series of essays written from three different perspectives that coalesce into a deep criticism of contemporary legal culture. Paul F. Campos, Pierre Schlag, and Steven D. Smith challenge the conventional representations of the legal system that are articulated and defended by American legal scholars. Unorthodox, irreverent, and provocative, Against the Law demonstrates that for many in the legal community, law has become a kind of substitute religion--an essentially idolatrous practice composed of systematic self-misrepresentation and self-deception. Linked by a persistent inquiry into the nature and identity of "the law," these essays are informed by the conviction that the conventional representations of law, both in law schools and the courts, cannot be taken at face value--that the law, as commonly conceived, makes no sense. The authors argue that the relentlessly normative prescriptions of American legal thinkers are frequently futile and, indeed, often pernicious. They also argue that the failure to recognize the role that authorship must play in the production of legal thought plagues both the teaching and the practice of American law. Ranging from the institutional to the psychological and metaphysical deficiencies of the American legal system, the depth of criticism offered by Against the Law is unprecedented. In a departure from the nearly universal legitimating and reformist tendencies of American legal thought, this book will be of interest not only to the legal academics under attack in the book, but also to sociologists, historians, and social theorists. More particularly, it will engage all the American lawyers who suspect that there is something very wrong with the nature and direction of their profession, law students who anticipate becoming part of that profession, and those readers concerned with the status of the American legal system.
Download or read book The Law written by Frédéric Bastiat and published by Laissez Faire Books. This book was released on 1987 with total page 47 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Twenty-Six Words That Created the Internet by : Jeff Kosseff
Download or read book The Twenty-Six Words That Created the Internet written by Jeff Kosseff and published by Cornell University Press. This book was released on 2019-04-15 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." Did you know that these twenty-six words are responsible for much of America's multibillion-dollar online industry? What we can and cannot write, say, and do online is based on just one law—a law that protects online services from lawsuits based on user content. Jeff Kosseff exposes the workings of Section 230 of the Communications Decency Act, which has lived mostly in the shadows since its enshrinement in 1996. Because many segments of American society now exist largely online, Kosseff argues that we need to understand and pay attention to what Section 230 really means and how it affects what we like, share, and comment upon every day. The Twenty-Six Words That Created the Internet tells the story of the institutions that flourished as a result of this powerful statute. It introduces us to those who created the law, those who advocated for it, and those involved in some of the most prominent cases decided under the law. Kosseff assesses the law that has facilitated freedom of online speech, trolling, and much more. His keen eye for the law, combined with his background as an award-winning journalist, demystifies a statute that affects all our lives –for good and for ill. While Section 230 may be imperfect and in need of refinement, Kosseff maintains that it is necessary to foster free speech and innovation. For filings from many of the cases discussed in the book and updates about Section 230, visit jeffkosseff.com
Download or read book Exposed written by Emily Hart and published by Europa Edizioni. This book was released on 2020-11-30 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The death of Samantha Grey’s mother and imprisonment of her father made her shut everyone out of her life. Including him. Ten years later, the murder of her father brings them back together and now Detective Nate Evans has two mysteries on his hands: a murder to solve and a past of questions that still gnaw at the surface to face. A past he’s tried hard to bury. One that includes her. As Nate and Samantha are forced to work together to bring justice for the dead, it is clear the case is not the only mystery being unearthed between them. They are led down dark, township alleyways, towards drug-dealer territory, and into the box of a decade old cold case… but how long will they take to realize how deep the roots of this case go? Neither of them are prepared for the trials they face as they start digging through Samantha’s twisted family history and exposing the cost of hidden truths. Will the collision of the past and present destroy what little faith they have in finding healing, or will it be the key to solving the decade old mysteries between them and finding redemption in the chaos? Emily Hart is a young South African author. She’s been involved in humanitarian work in the Middle East and half a dozen African countries, meeting people and seeing places that inspire her writing. Emily lives in Stellenbosch with her family and five chickens.
Book Synopsis Legal Systems Very Different from Ours by : Peter Leeson
Download or read book Legal Systems Very Different from Ours written by Peter Leeson and published by Independently Published. This book was released on 2019-01-09 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at thirteen different legal systems, ranging from Imperial China to modern Amish: how they worked, what problems they faced, how they dealt with them. Some chapters deal with a single legal system, others with topics relevant to several, such as problems with law based on divine revelation or how systems work in which law enforcement is private and decentralized. The book's underlying assumption is that all human societies face the same problems, deal with them in an interesting variety of different ways, are all the work of grown-ups, hence should all be taken seriously. It ends with a chapter on features of past legal systems that a modern system might want to borrow.
Book Synopsis Rethinking the Law of Contract Damages by : Victor P. Goldberg
Download or read book Rethinking the Law of Contract Damages written by Victor P. Goldberg and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this series of chapters on contract damages issues, Victor P. Goldberg provides a framework for analyzing the problems that arise when determining damages, and applies it to case law in both the USA and the UK.
Download or read book Rebel Law written by Frank Ledwidge and published by Oxford University Press. This book was released on 2017 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In most societies, courts are where the rubber of government meets the road of the people. If a state cannot settle disputes and enforce its decisions, to all intents and purposes it is no longer in charge. This is why successful rebels put courts and justice at the top of their agendas. Rebel Law explores this key weapon in the arsenal of insurgent groups, from the IRA's 'Republican Tribunals' of the 1920s to Islamic State's 'Caliphate of Law,' via the ALN in Algeria of the 50s and 60s and the Afghan Taliban of recent years. Frank Ledwidge delineates the battle in such ungoverned spaces between counterinsurgents seeking to retain the initiative and the insurgent courts undermining them. Contrasting colonial judicial strategy with the chaos of stabilisation operations in Iraq and Afghanistan, he offers compelling lessons for today's conflicts"--Book jacket.
Book Synopsis The Law by Frederic Bastiat by : Frederic Bastiat
Download or read book The Law by Frederic Bastiat written by Frederic Bastiat and published by . This book was released on 2007-06 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bastiat's The Law is the classic work which defines the right and just system of laws for a free people, and demonstrates how such laws facilitate a free society.
Book Synopsis The Law of Good People by : Yuval Feldman
Download or read book The Law of Good People written by Yuval Feldman and published by . This book was released on 2018-06-07 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Plato has famously argued ...
Book Synopsis The Law Is a White Dog - How Legal Rituals Make and Unmake Persons by : Colin Dayan
Download or read book The Law Is a White Dog - How Legal Rituals Make and Unmake Persons written by Colin Dayan and published by Princeton University Press. This book was released on 2013-03-03 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fascinating account of how the law determines or dismantles identity and personhood Abused dogs, prisoners tortured in Guantánamo and supermax facilities, or slaves killed by the state—all are deprived of personhood through legal acts. Such deprivations have recurred throughout history, and the law sustains these terrors and banishments even as it upholds the civil order. Examining such troubling cases, The Law Is a White Dog tackles key societal questions: How does the law construct our identities? How do its rules and sanctions make or unmake persons? And how do the supposedly rational claims of the law define marginal entities, both natural and supernatural, including ghosts, dogs, slaves, terrorist suspects, and felons? Reading the language, allusions, and symbols of legal discourse, and bridging distinctions between the human and nonhuman, Colin Dayan looks at how the law disfigures individuals and animals, and how slavery, punishment, and torture create unforeseen effects in our daily lives. Moving seamlessly across genres and disciplines, Dayan considers legal practices and spiritual beliefs from medieval England, the North American colonies, and the Caribbean that have survived in our legal discourse, and she explores the civil deaths of felons and slaves through lawful repression. Tracing the legacy of slavery in the United States in the structures of the contemporary American prison system and in the administrative detention of ghostly supermax facilities, she also demonstrates how contemporary jurisprudence regarding cruel and unusual punishment prepared the way for abuses in Abu Ghraib and Guantánamo. Using conventional historical and legal sources to answer unconventional questions, The Law Is a White Dog illuminates stark truths about civil society's ability to marginalize, exclude, and dehumanize.
Book Synopsis Criminal Law in the Age of the Administrative State by : Vincent Chiao
Download or read book Criminal Law in the Age of the Administrative State written by Vincent Chiao and published by Studies in Penal Theory and Ph. This book was released on 2018-11-12 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the criminal law for? One influential answer is that the criminal law vindicates pre-political rights and condemns wrongdoing. On this account, the criminal law has an intrinsic subject matter-certain types of moral wrongdoing-and it provides a distinctive response to that wrongdoing, namely condemnatory punishment. In Criminal Law in the Age of the Administrative State, Vincent Chiao offers an alternative, public law account. What the criminal law is for, Chiao suggests, is sustaining social cooperation with public institutions. Consequently, we only have reason to support the use of the criminal law insofar as its use is consistent with our reasons for valuing the social order established by those institutions. By starting with the political morality of public institutions rather than the interpersonal morality of private relationships, this account shows how the criminal law is continuous with the modern administrative and welfare state, and why it is answerable to the same political virtues. Chiao sketches a democratic egalitarian account of those virtues, one that is loosely consequentialist, egalitarian but not equalizing, and centered on a form of freedom-effective access to central capabilities-as its currency of evaluation. From this point of view, the role of the criminal law is to help public institutions create a society in which each person can lead a life as a peer among peers. Chiao shows how a democratic egalitarian approach to criminal justice provides a fresh perspective on a range of contemporary problems, from mass incarceration to overcriminalization, due process and the collateral consequences of a criminal conviction.
Book Synopsis Cultivating Conscience by : Lynn Stout
Download or read book Cultivating Conscience written by Lynn Stout and published by Princeton University Press. This book was released on 2010-10-04 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the science of unselfish behavior can promote law, order, and prosperity Contemporary law and public policy often treat human beings as selfish creatures who respond only to punishments and rewards. Yet every day we behave unselfishly—few of us mug the elderly or steal the paper from our neighbor's yard, and many of us go out of our way to help strangers. We nevertheless overlook our own good behavior and fixate on the bad things people do and how we can stop them. In this pathbreaking book, acclaimed law and economics scholar Lynn Stout argues that this focus neglects the crucial role our better impulses could play in society. Rather than lean on the power of greed to shape laws and human behavior, Stout contends that we should rely on the force of conscience. Stout makes the compelling case that conscience is neither a rare nor quirky phenomenon, but a vital force woven into our daily lives. Drawing from social psychology, behavioral economics, and evolutionary biology, Stout demonstrates how social cues—instructions from authorities, ideas about others' selfishness and unselfishness, and beliefs about benefits to others—have a powerful role in triggering unselfish behavior. Stout illustrates how our legal system can use these social cues to craft better laws that encourage more unselfish, ethical behavior in many realms, including politics and business. Stout also shows how our current emphasis on self-interest and incentives may have contributed to the catastrophic political missteps and financial scandals of recent memory by encouraging corrupt and selfish actions, and undermining society's collective moral compass. This book proves that if we care about effective laws and civilized society, the powers of conscience are simply too important for us to ignore.
Book Synopsis The Expressive Powers of Law by : Richard H. McAdams
Download or read book The Expressive Powers of Law written by Richard H. McAdams and published by Harvard University Press. This book was released on 2015-02-09 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: When asked why people obey the law, legal scholars usually give two answers. Law deters illicit activities by specifying sanctions, and it possesses legitimate authority in the eyes of society. Richard McAdams shifts the prism on this familiar question to offer another compelling explanation of how the law creates compliance: through its expressive power to coordinate our behavior and inform our beliefs. “McAdams’s account is useful, powerful, and—a rarity in legal theory—concrete...McAdams’s treatment reveals important insights into how rational agents reason and interact both with one another and with the law. The Expressive Powers of Law is a valuable contribution to our understanding of these interactions.” —Harvard Law Review “McAdams’s analysis widening the perspective of our understanding of why people comply with the law should be welcomed by those interested either in the nature of law, the function of law, or both...McAdams shows how law sometimes works by a power of suggestion. His varied examples are fascinating for their capacity both to demonstrate and to show the limits of law’s expressive power.” —Patrick McKinley Brennan, Review of Metaphysics
Book Synopsis The Party of the First Part by : Adam Freedman
Download or read book The Party of the First Part written by Adam Freedman and published by Henry Holt and Company. This book was released on 2008-09-02 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Eats, Shoots & Leaves of legalese, this witty narrative journey through the letter of the law offers something for language lovers and legal eagles alike This clever, user-friendly discourse exposes the simple laws lurking behind decorative, unnecessary, and confusing legal language. For better or for worse, the instruction manual for today's world is written by lawyers. Everyone needs to understand this manual-but lawyers persist in writing it in language no one can possibly decipher. Why accuse someone of making "material misstatements of fact," when you could just call them a liar? What's the point of a "last" will and testament if, presumably, every will is your last? Did you know that "law" derives from a Norse term meaning "that which is laid down"? So tell your boss to stop laying down the law-it already is. The debate over Plain vs. Precision English rages on in courtrooms, boardrooms, and, yes, even bedrooms. Here, Adam Freedman explores the origins of legalese, interprets archaic phrasing (witnesseth!), explains obscure and oddly named laws, and disputes the notion that lawyers are any smarter than the rest of us when judged solely on their briefs. (A brief, by the way, is never so.)
Download or read book Unpopular Privacy written by Anita Allen and published by Oxford University Press. This book was released on 2011-10-17 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can the government stick us with privacy we don't want? It can, it does, and according to Anita L. Allen, it may need to do more of it. Privacy is a foundational good, Allen argues, a necessary tool in the liberty-lover's kit for a successful life. A nation committed to personal freedom must be prepared to mandate privacy protections for its people, whether they eagerly embrace them or not. This unique book draws attention to privacies of seclusion, concealment, confidentiality and data-protection undervalued by their intended beneficiaries and targets--and outlines the best reasons for imposing them. Allen looks at laws designed to keep website operators from collecting personal information, laws that force strippers to wear thongs, and the myriad employee and professional confidentiality rules--including insider trading laws--that require strict silence about matters whose disclosure could earn us small fortunes. She shows that such laws recognize the extraordinary importance of dignity, trust and reputation, helping to preserve social, economic and political options throughout a lifetime.
