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.
Steven Hetcher argues that the traditional conception of norms as rule-like linguistic entities is erroneous. Instead, norms must be understood as pat...
This book offers an original theory of adjudication focused on the ethics of judging in courts of law. It offers two main theses. The good faith thesis defends the possibility of lawful judicial decisions even when judges have discretion. The permissible discretion thesis defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy of adjudication in a constitutional democracy. Together, these two theses oppose both conservative theories that would restrict the scope of adjudication unduly and leftist critical theories that would liberate judges from the rule...
This book offers an original theory of adjudication focused on the ethics of judging in courts of law. It offers two main theses. The good faith thesi...
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.
Timothy Macklem argues that the heart of discrimination lies not in unfavorable comparisons with the treatment and opportunities that men enjoy, but r...
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.
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 rela...
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 book examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice. In revealing how the problems th...
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.
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...
This collection of new essays, written by some of the most eminent scholars in the field, examines the most central issues of property theory from a variety of perspectives. The essays discuss whether property may be dissipated or used imprudently with impunity, and analyze how a person's property should be distributed after death. They survey the current economic landscape of intellectual property and show that Locke's celebrated justification for private property falters when it comes to copyrights and patents. They also demonstrate how important it is that institutions of property be...
This collection of new essays, written by some of the most eminent scholars in the field, examines the most central issues of property theory from a v...
Although the law of contract is largely settled, there is at present no widely-accepted comprehensive theory of its main principles and doctrines or of its normative basis. This collection of six full-length and original essays, written by some of the most eminent scholars in the field, explores the general theory of contract law from a variety of theoretical perspectives. While the essays build on past theoretical contributions, they also attempt to take contract theory further and suggest new and promising ways to develop theory of contract law.
Although the law of contract is largely settled, there is at present no widely-accepted comprehensive theory of its main principles and doctrines or o...
This book explores the thesis that legal roles force people to engage in moral combat, an idea that 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 surprising argument that the law cannot require us to do what morality forbids. Moral Combat is a sophisticated, well-conceived and carefully argued book on a very important and controversial topic at the junction between legal and political philosophy. It will be of interest to moral, legal, and...
This book explores the thesis that legal roles force people to engage in moral combat, an idea that is implicit in the assumption that citizens may be...
