Cambridge Studies in Philosophy and Law – serie
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68 produkter
Equality, Responsibility, and the Law
Häftad, 2001
908 kr
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This book examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice. The central question is: whose bad luck is a particular piece of misfortune? Arthur Ripstein argues that there is a general set of principles to be found that clarifies …
The Ethics of Deference
Learning from Law's Morals
Av Philip Soper, Gerald Postema m. fl.
Häftad, 2002
536 kr
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Do citizens have an obligation to obey the law? This book differs from standard approaches by shifting from the language of obedience (orders) to that of deference (normative judgments). The popular view that law claims authority but does not have it is here reversed on both counts: law does not …
The Path of the Law and its Influence
The Legacy of Oliver Wendell Holmes, Jr
Häftad, 2007
630 kr
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Oliver Wendell Holmes, Jr. (1841-1935) is, arguably, the most important American jurist of the twentieth century, and his essay The Path of the Law, first published in 1898, is the seminal work in American legal theory. In it, Holmes detailed his radical break with legal formalism and created the …
Three Anarchical Fallacies
An Essay on Political Authority
Häftad, 2007
569 kr
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How is a legitimate state possible? Obedience, coercion and intrusion are three ideas that seem inseparable from all government and seem to render state authority presumptively illegitimate. This book exposes three fallacies inspired by these ideas and in doing so challenges assumptions shared by …
In Harm's Way
Essays in Honor of Joel Feinberg
Av Jules L. Coleman, Allen Buchanan
Häftad, 2007
448 kr
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For several decades the work of Joel Feinberg has been the most influential in legal, political and social philosophy in the English-speaking world. This 1994 volume honours that body of work by presenting fifteen essays, many of them by leading legal and political philosophers, that explore the …
The Jurisprudential Foundations of Corporate and Commercial Law
Av Jody S. Kraus, Steven D. Walt
Häftad, 2007
733 kr
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This collection, first published in 2000, brings together essays by some of the most prominent scholars currently writing in commercial law theory. The essays address the foundations of efficiency analysis as the dominant theoretical paradigm in contemporary corporate and commercial law …
New Essays in the Legal and Political Theory of Property
Häftad, 2007
732 kr
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There has always been much controversy surrounding property rights in legal and political philosophy. Thinkers such as Plato, Locke, Kant, Hegel and Marx have all offered different views on the idea of property. This collection of essays, written by some of the most eminent scholars in the field, …
Complicity
Ethics and Law for a Collective Age
Häftad, 2007
399 kr
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We live in a morally flawed world. Our lives are complicated by what other people do, and by the harms that flow from our social, economic and political institutions. Our relations as individuals to these collective harms constitute the domain of complicity. This book examines the relationship …
Natural Law and Practical Rationality
Häftad, 2007
908 kr
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Natural law theory has been undergoing a revival, especially in political philosophy and jurisprudence. Yet, most fundamentally, natural law theory is not a political theory, but a moral theory, or more accurately a theory of practical rationality. According to the natural law account of practical …
The Theory of Contract Law
New Essays
Av Peter Benson
Häftad, 2007
684 kr
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Although the law of contract is largely settled, there appears to be no widely-accepted comprehensive theory of its main principles and doctrines or of its normative basis. Contract law theory raises issues concerning the relation between law and morality, the role and the importance of rights, the …
Objectivity in Law and Morals
Av Brian Leiter
Häftad, 2007
653 kr
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The seven original essays included in this volume from 2000, written by some of the world's most distinguished moral and legal philosophers, offer a sophisticated perspective on issues about the objectivity of legal interpretation and judicial decision-making. They examine objectivity from both …
Philosophy and the Law of Torts
Häftad, 2007
422 kr
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When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists …
Norms in a Wired World
Häftad, 2007
650 kr
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Social order is regulated from above by the law but its foundation is built on norms and customs, informal social practices that enable people to make meaningful and productive uses of their time and resources. Despite the importance of these practices in keeping the social fabric together, very …
Justice in Immigration
Häftad, 2007
748 kr
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This book is an interdisciplinary study of the fundamental normative issues underpinning immigration policy. Economists, political scientists and philosophers address issues such as the proper role of the state in supporting a particular culture, the possible destabilization of the political and …
The Moral Conditions of Economic Efficiency
Häftad, 2008
634 kr
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In the late eighteenth century, Adam Smith significantly shaped the modern world by claiming that when people individually pursue their own interests, they are together led towards achieving the common good. But can a population of selfish people achieve the economic common good in the absence of …
Legal Positivism in American Jurisprudence
Häftad, 2008
568 kr
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This book represents a serious and philosophically sophisticated guide to modern American legal theory, demonstrating that legal positivism has been a misunderstood and underappreciated perspective through most of twentieth-century American legal thought. Anthony Sebok traces the roots of …
Justification Defenses and Just Convictions
Häftad, 2008
523 kr
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This major study advances an interpretation of criminal justification defences that views them as an integral component of the structure of the criminal law. Criminal law is defined here as the institutional representation of the underlying principles of political morality in a liberal society. The …
Automatism, Insanity, and the Psychology of Criminal Responsibility
A Philosophical Inquiry
Häftad, 2008
523 kr
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This is a book about the role that psychological impairment should play in a theory of criminal liability. Criminal guilt in the Anglo-American legal tradition requires both that the defendant committed some proscribed act and did so with intent, knowledge, or recklessness. The second requirement …
Liability and Responsibility
Essays in Law and Morals
Av R. G. Frey, Christopher W. Morris
Häftad, 2008
644 kr
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This collection of contemporary essays by a group of well-known philosophers and legal theorists covers various topics in the philosophy of law, focusing on issues concerning liability in contract, tort and criminal law. The book is divided into four sections. The first provides a conceptual …
Moral Combat
The Dilemma of Legal Perspectivalism
Av Heidi Hurd
Häftad, 2008
718 kr
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This book explores the thesis that legal roles force people to engage in moral combat, an idea which is implicit in the assumption that citizens may be morally required to disobey unjust laws, while judges may be morally required to punish citizens for civil disobedience. Heidi Hurd advances the …
Natural Law in Jurisprudence and Politics
Häftad, 2009
433 kr
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Natural law is a perennial though poorly represented and understood issue in political philosophy and the philosophy of law. In this 2006 book, Mark C. Murphy argues that the central thesis of natural law jurisprudence - that law is backed by decisive reasons for compliance - sets the agenda for …
Legal Ethics and Human Dignity
Av David Luban
Häftad, 2009
732 kr
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David Luban is one of the world's leading scholars of legal ethics. In this collection of his most significant papers he ranges over such topics as the moral psychology of organisational evil, the strengths and weaknesses of the adversary system, and jurisprudence from the lawyer's point of view. …
A Common Law Theory of Judicial Review
The Living Tree
Häftad, 2009
643 kr
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In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which …
Punishment, Compensation, and Law
A Theory of Enforceability
Häftad, 2011
569 kr
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This book is the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. Focusing on …
Common Law Theory
Av Douglas E. Edlin, Douglas E. Edlin
Häftad, 2010
523 kr
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In this book, legal scholars, philosophers, historians and political scientists from Australia, Canada, New Zealand, the United Kingdom and the United States analyze the common law through three of its classic themes: rules, reasoning and constitutionalism. Their essays, specially commissioned for …
A Theory of Property
Häftad, 1990
1074 kr
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This book represents a major new statement on the issue of property rights. It argues for the justification of some rights of private property while showing why unequal distributions of private property are indefensible. Three features of the book are especially salient: it offers a challenging new …
Liability and Responsibility
Essays in Law and Morals
Av R. G. Frey, Christopher W. Morris
Inbunden, 1991
1602 kr
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This collection of contemporary essays by a group of well-known philosophers and legal theorists covers various topics in the philosophy of law, focusing on issues concerning liability in contract, tort and criminal law. The book is divided into four sections. The first provides a conceptual …
Forgiveness and Mercy
Av Jeffrie G. Murphy, Jean Hampton m. fl.
Häftad, 1990
331 kr
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This book focuses on the degree to which certain moral and legal doctrines are rooted in specific passions that are then institutionalised in the form of criminal law. A philosophical analysis is developed of the following questions: when, if ever, should hatred be overcome by sympathy or …
Automatism, Insanity, and the Psychology of Criminal Responsibility
A Philosophical Inquiry
Av Robert F. Schopp, Gerald Postema m. fl.
Inbunden, 1991
1663 kr
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This is a book about the role that psychological impairment should play in a theory of criminal liability. Criminal guilt in the Anglo-American legal tradition requires both that the defendant committed some proscribed act and did so with intent, knowledge, or recklessness. The second requirement …
Judging in Good Faith
Av Steven J. Burton, Gerald Postema m. fl.
Inbunden, 1992
1198 kr
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This book offers an original theory of adjudication focused on the ethics of judging in courts of law, and proposes two main theses. One is the good faith thesis, which defends the possibility of lawful judicial decisions even when judges exercise discretion. The other is the permissible discretion …
