Peter Westen - Böcker
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4 produkter
4 produkter
Speaking of Equality
An Analysis of the Rhetorical Force of 'Equality' in Moral and Legal Discourse
Häftad, Engelska, 2014
501 kr
Skickas inom 7-10 vardagar
Aristotle noted that "equality" is the plea not of those who are satisfied but of those who seek change, and the word has long been invoked in the name of social reform. It retains its force because arguments for equality put arguments for inequality on the defensive. But why is "equality" laudatory and "inequality" pejorative? In this first book-length analysis of the rhetorical force of equality arguments, Peter Westen argues that they derive their persuasiveness largely from the kind of word that "equality" is, rather than from the values it incorporates. By focusing on ordinary language and using commonplace examples from law and morals, Westen argues that equality is a single concept that lends itself to a multiplicity of conceptions by virtue of its capacity to incorporate diverse standards of comparison by reference. Equality arguments draw rhetorical force in part from their tendency to mask the standards of comparison on which they are based, and in so doing to confound fact with value, premises with conclusions, and uncontested with contested norms. Originally published in 1990.The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Speaking of Equality
An Analysis of the Rhetorical Force of 'Equality' in Moral and Legal Discourse
Inbunden, Engelska, 2016
2 414 kr
Skickas inom 3-6 vardagar
Aristotle noted that "equality" is the plea not of those who are satisfied but of those who seek change, and the word has long been invoked in the name of social reform. It retains its force because arguments for equality put arguments for inequality on the defensive. But why is "equality" laudatory and "inequality" pejorative? In this first book-length analysis of the rhetorical force of equality arguments, Peter Westen argues that they derive their persuasiveness largely from the kind of word that "equality" is, rather than from the values it incorporates. By focusing on ordinary language and using commonplace examples from law and morals, Westen argues that equality is a single concept that lends itself to a multiplicity of conceptions by virtue of its capacity to incorporate diverse standards of comparison by reference. Equality arguments draw rhetorical force in part from their tendency to mask the standards of comparison on which they are based, and in so doing to confound fact with value, premises with conclusions, and uncontested with contested norms. Originally published in 1990.The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Logic of Consent
The Diversity and Deceptiveness of Consent as a Defense to Criminal Conduct
Inbunden, Engelska, 2004
1 812 kr
Skickas inom 10-15 vardagar
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.
Logic of Consent
The Diversity and Deceptiveness of Consent as a Defense to Criminal Conduct
Häftad, Engelska, 2016
741 kr
Skickas inom 10-15 vardagar
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.