Punishment, Compensation, and Law: A Theory of Enforceability

ISBN-13: 9780521846691 / Angielski / Twarda / 2005 / 274 str.

Mark R. Reiff

Opis

Focusing on the enforceability of legal rights, but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the world. Describing the various means by which restraints may be enforced, he explains how the sufficiency of enforcement can be measured. He also develops a new, unified theory of deterrence, retribution, and compensation that shows how various aspects of enforceability relate to one another. Reiff then applies his theory of enforceability to illuminate a variety of real-world problem situations.

Recenzje

Review of the hardback: 'Reiff's book is as ambitious as it is important [and] as much a contribution to moral and political philosophy as to the philosophy of law.' Michael Davis, Ethics

Spis treści

1. The means of enforcement; 2. The goals of enforcement; 3. Measuring enforceability in the pre-violation state of affairs; 4. Measuring enforceability in the post-violation state of affairs; 5. The relationship between pre-violation expectations and post-violation practice; 6. Limitations on the means of enforcement; 7. Special problems with legal remedies; 8. The value of nominal rights.