Get A Companion to Philosophy of Law and Legal Theory, Second PDF

ISBN-10: 1405170069

ISBN-13: 9781405170062

ISBN-10: 1444320114

ISBN-13: 9781444320114

The articles during this new version of A better half to Philosophy of legislation and felony Theory were up to date all through, and the addition of ten new articles guarantees that the amount maintains to provide the main updated insurance of  present pondering in criminal philosophy.

  • Represents the definitive instruction manual of philosophy of legislation and modern felony concept, priceless to a person with an curiosity in felony philosophy
  • Now gains ten completely new articles, protecting the parts of probability, regulatory concept, method, overcriminalization, purpose, coercion, unjust enrichment, the guideline of legislation, legislation and society, and Kantian felony philosophy
  • Essays are written via a world staff of top students

Chapter 1 estate legislations (pages 7–28): Jeremy Waldron
Chapter 2 agreement (pages 29–63): Peter Benson
Chapter three Tort legislation (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 legislation and Interpretation (pages 132–144): Philip Bobbitt
Chapter eight Constitutional legislation and privateness (pages 145–159): Anita L. Allen
Chapter nine Constitutional legislation and Equality (pages 160–176): Maimon Schwarzschild
Chapter 10 facts (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 average legislations thought (pages 209–227): Brian Bix
Chapter 14 criminal Positivism (pages 228–248): Jules L. Coleman and Brian Leiter
Chapter 15 American felony Realism (pages 249–266): Brian Leiter
Chapter sixteen severe felony reviews (pages 267–278): Guyora Binder
Chapter 17 Postrealism and felony approach (pages 279–289): Neil Duxbury
Chapter 18 Feminist Jurisprudence (pages 290–298): Patricia Smith
Chapter 19 legislation 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 concept within the 19th and 20th Centuries (pages 339–349): Alexander Somek
Chapter 22 Marxist thought of legislation (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 legislation and Its Normativity (pages 415–445): Roger A. Shiner
Chapter 29 legislation and Literature (pages 446–456): Thomas Morawetz
Chapter 30 the obligation to Obey the legislation (pages 457–466): M. B. E. Smith
Chapter 31 criminal 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 country (pages 539–547): Sanford Levinson
Chapter 38 criminal 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 possibility (pages 578–589): John Oberdiek
Chapter forty two Regulatory conception (pages 590–606): Matthew D. Adler
Chapter forty three method (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 the right of the guideline of legislations (pages 666–674): Andrei Marmor

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Additional info for A Companion to Philosophy of Law and Legal Theory, Second edition

Sample text

Nonfeasance, by contrast, is wrongful conduct that cannot be construed in this way but that must instead be explained on the basis of a duty to care for the well-being of others. Contrary to what is sometimes said, the difference between misfeasance and nonfeasance is therefore not the same as the distinction between acts and omissions: an act can be nonfeasance (for example, attracting a business competitor’s customer) just as an omission can be misfeasance (such as failing to warn another of danger in a situation of justified detrimental reliance).

From the standpoint of legal doctrine, both reliance and promising play roles in contract formation that are qualitatively different from their functions in tort. A theory that purports to provide an account of the law cannot simply assume ab initio that there is a single undifferentiated notion of reliance or of promising that underlies contract and tort. To the contrary, it must begin by seeing whether it is possible to identify the specific structure that gives reliance and promising a character that is distinctively contractual.

The main topic of Fuller and Perdue’s article (1936) is the seemingly technical issue of the choice of the appropriate measure of damages for breach of contract. Building on the work of others, Fuller (who is universally regarded as the main author of the article and, in particular, of its theoretical discussions) distinguished three purposes or interests that the law may pursue in awarding contract damages. First, the law may deprive a defaulting promisor of gain obtained at the promisee’s expense and award it to the promisee to prevent unjust enrichment (the restitution interest).

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

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