The seven original essays included in this volume offer a sophisticated perspective on issues about the objectivity of legal interpretation and judicial decision-making. They examine objectivity from both metaphysical and epistemological perspectives and develop a variety of approaches, constructive and critical, to the fundamental problems of objectivity in morality. This is the first volume to consider the intersection between objectivity in ethics and the objectivity in law. It presents a state-of-the-art survey of live issues in metaethics, and examines their relevance to theorizing about...

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 examine the philosophical foundations of tort law. This collection will be of interest to professionals and advanced students working in philosophy of law, social theory, political theory, and law, as well as anyone seeking a better understanding of tort law.

Steven Hetcher argues that the traditional conception of norms as rule-like linguistic entities is erroneous. Instead, norms must be understood as patterns of rationally governed behavior maintained in groups by acts of conformity. Using informal game theory in the analysis of norms and customs, Hetcher applies his theory of norms to tort law and Internet privacy laws. This book will appeal to students and professionals in law, philosophy, and political and social theory.

This book is the first interdisciplinary study of the fundamental normative issues underpinning immigration policy. A distinguished group of economists, political scientists, and philosophers offer a stimulating and provocative discussion of this complex topic. Among the issues addressed are the proper role of the state in supporting a particular culture, the possible destabilization of the political and social life of a country through immigration and the size and distribution of economic losses and gains.

Steven Hetcher argues that the traditional conception of norms as rule-like linguistic entities is erroneous. Instead, norms must be understood as patterns of rationally governed behavior maintained in groups by acts of conformity. Using informal game theory in the analysis of norms and customs, Hetcher applies his theory of norms to tort law and Internet privacy laws. This book will appeal to students and professionals in law, philosophy, and political and social theory.

Larry Alexander offers a skeptical appraisal of the claim that freedom of expression is a human right. He examines the various contexts in which a right to freedom of expression might be asserted and concludes that it cannot be supported in any of these contexts. Alexander argues that the legal protection affording freedom of expression is definitely of value, although the form such protection takes will vary with historical and cultural circumstances--and, ultimately, is not a matter of human rights.

Timothy Macklem argues that the heart of discrimination lies not in unfavorable comparisons with the treatment and opportunities that men enjoy, but rather, in a denial of resources and opportunities that women need to lead successful and meaningful lives. This work promises to be a milestone in the debate about gender equality and will interest students and professionals concerned with legal theory and gender studies.

When does a woman give valid consent to sexual relations? When does her consent render it morally or legally permissible for a man to have sexual relations with her? These are two of the questions discussed in this important book, which will appeal to a wide readership in philosophy, law, and the social sciences. Alan Wertheimer considers a wide variety of situations involving coercion, fraud, retardation, and intoxication.

This book examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice. In revealing how the problems that arise in tort and criminal law as well as distributive justice invite structurally parallel solutions, the author also shows the deep connection between individual responsibility and social equality. This is a challenging and provocative book that will be of special interest to moral and political philosophers, legal theorists, and political scientists.

This collection brings together new 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 scholarship. The volume addresses such questions as: is moral theory irrelevant to efficiency analysis in these areas; if relevant, are morality and efficiency compatible? What is the best way of pursuing efficiency in corporate and commercial law? The volume reflects the most exciting work being done in contemporary legal theory....