Download e-book for kindle: A Companion to Philosophy of Law and Legal Theory, Second by

ISBN-10: 1405170069

ISBN-13: 9781405170062

ISBN-10: 1444320114

ISBN-13: 9781444320114

The articles during this re-creation of A significant other to Philosophy of legislation and criminal Theory were up-to-date all through, and the addition of ten new articles guarantees that the quantity maintains to provide the main updated insurance of  present considering in criminal philosophy.

  • Represents the definitive instruction manual of philosophy of legislations and modern felony idea, worthwhile to an individual with an curiosity in felony philosophy
  • Now beneficial properties ten fullyyt new articles, masking the components of probability, regulatory idea, method, overcriminalization, purpose, coercion, unjust enrichment, the guideline of legislation, legislations and society, and Kantian felony philosophy
  • Essays are written via a global staff of top students

Content:
Chapter 1 estate legislations (pages 7–28): Jeremy Waldron
Chapter 2 agreement (pages 29–63): Peter Benson
Chapter three Tort legislations (pages 64–89): Stephen R. Perry
Chapter four felony legislations (pages 90–102): Leo Katz
Chapter five Public overseas legislation (pages 103–118): Philip Bobbitt
Chapter 6 Constitutional legislations and faith (pages 119–131): Perry Dane
Chapter 7 Constitutional legislations and Interpretation (pages 132–144): Philip Bobbitt
Chapter eight Constitutional legislations and privateness (pages 145–159): Anita L. Allen
Chapter nine Constitutional legislations and Equality (pages 160–176): Maimon Schwarzschild
Chapter 10 proof (pages 177–187): John Jackson and Sean Doran
Chapter eleven Interpretation of Statutes (pages 188–196): William N. Eskridge
Chapter 12 clash of legislation (pages 197–208): Perry Dane
Chapter thirteen usual legislation thought (pages 209–227): Brian Bix
Chapter 14 felony Positivism (pages 228–248): Jules L. Coleman and Brian Leiter
Chapter 15 American felony Realism (pages 249–266): Brian Leiter
Chapter sixteen severe criminal stories (pages 267–278): Guyora Binder
Chapter 17 Postrealism and criminal technique (pages 279–289): Neil Duxbury
Chapter 18 Feminist Jurisprudence (pages 290–298): Patricia Smith
Chapter 19 legislations and Economics (pages 299–326): Jon Hanson, Kathleen Hanson and Melissa Hart
Chapter 20 criminal Formalism (pages 327–338): Ernest J. Weinrib
Chapter 21 German felony Philosophy and thought within the 19th and 20th Centuries (pages 339–349): Alexander Somek
Chapter 22 Marxist thought of legislations (pages 350–360): Alan Hunt
Chapter 23 Deconstruction (pages 361–367): Jack M. Balkin
Chapter 24 legislation and Society (pages 368–380): Brian Z. Tamanaha
Chapter 25 Postmodernism (pages 381–391): Dennis Patterson
Chapter 26 Kantian felony Philosophy (pages 392–405): Arthur Ripstein
Chapter 27 criminal Pragmatism (pages 406–414): Richard Warner
Chapter 28 legislations and Its Normativity (pages 415–445): Roger A. Shiner
Chapter 29 legislations and Literature (pages 446–456): Thomas Morawetz
Chapter 30 the obligation to Obey the legislations (pages 457–466): M. B. E. Smith
Chapter 31 felony Enforcement of Morality (pages 467–478): Kent Greenawalt
Chapter 32 Indeterminacy (pages 479–492): Lawrence B. Solum
Chapter 33 Precedent (pages 493–503): Larry Alexander
Chapter 34 Punishment and accountability (pages 504–512): George P. Fletcher
Chapter 35 Loyalty (pages 513–520): George P. Fletcher
Chapter 36 Coherence (pages 521–538): Ken Kress
Chapter 37 The Welfare nation (pages 539–547): Sanford Levinson
Chapter 38 felony Scholarship (pages 548–558): Edward L. Rubin
Chapter 39 Authority of legislation (pages 559–570): Vincent A. Wellman
Chapter forty Analogical Reasoning (pages 571–577): Jefferson White
Chapter forty-one threat (pages 578–589): John Oberdiek
Chapter forty two Regulatory thought (pages 590–606): Matthew D. Adler
Chapter forty three technique (pages 607–620): Andrew Halpin
Chapter forty four Overcriminalization (pages 621–631): Douglas Husak
Chapter forty five goal (pages 632–641): Kimberly Kessler Ferzan
Chapter forty six Coercion (pages 642–653): provide Lamond
Chapter forty seven Unjust Enrichment (pages 654–665): Ernest J. Weinrib
Chapter forty eight definitely the right of the guideline of legislations (pages 666–674): Andrei Marmor

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Extra resources for A Companion to Philosophy of Law and Legal Theory, Second edition

Example text

The promisor is compelled to improve the promisee’s circumstances, not to repair a loss wrongfully caused. The “normal” measure of contract damages appears anomalous from the standpoint of private law itself. For the same reason, the enforcement of purely executory agreements not relied upon by the promisee is problematic, given that the only basis for enforcement can be protection of the expectation interest. Yet it is precisely the enforceability of such agreements that is regarded as the hallmark of modern contract law.

M. Gregor. Cambridge: Cambridge University Press. Locke, J. [1690] 1988. Two Treatises of Government, ed. P. Laslett. Cambridge: Cambridge University Press. Munzer, S. 1990. A Theory of Property. Cambridge: Cambridge University Press. Nozick, R. 1974. Anarchy, State and Utopia. Oxford: Basil Blackwell. 27 jeremy waldron Rawls, J. 1971. A Theory of Justice. Oxford: Oxford University Press. -J. [1762] 1973. The Social Contract and Discourses, tr. G. D. H. Cole. London: J. M. Dent & Sons. Ryan, A.

The classical conception, Atiyah contended, treats the unrelied-on and unpaid-for executory contract, consisting just of mutual promises, as the paradigm of enforceable agreements. One of his objections against this view was that such agreements are, in fact, exceedingly rare. Most enforceable agreements involve the receipt of actual benefits or the inducement of actual reliance either at the moment of formation or very soon thereafter. In addition, Atiyah took the classical view to be in tension with certain 34 contract basic aspects of contract doctrine, such as the objective test of formation (by which parties may be bound irrespective of their intentions), the doctrine of consideration (which stipulates the existence of benefit or detriment as a condition of enforceability), or the mitigation requirement (which seems to be explicable only on the basis of the primacy of the reliance interest).

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