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.
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 rig...
A distinguished international team of legal theorists examine the issue of constitutionalism and pose such foundational questions as: Why have a constitution? How do we know what the constitution of a country really is? How should a constitution be interpreted? The volume will be of particular importance to those in philosophy, law, political science and international relations interested in whether and what kinds of constitutions should be adopted in countries without them, and involved in debates about constitutional interpretation.
A distinguished international team of legal theorists examine the issue of constitutionalism and pose such foundational questions as: Why have a const...
This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.
This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readil...
This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.
This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readil...
Rules perform a moral function by restating moral principles in concrete terms, so as to reduce the uncertainty, error, and controversy that result when individuals follow their own unconstrained moral judgment. Although reason dictates that we must follow rules to avoid destructive error and controversy, rules--and hence laws--are imperfect, and reason also dictates that we ought not follow them when we believe they produce the wrong result in a particular case. In "The Rule of Rules" Larry Alexander and Emily Sherwin examine this dilemma. Once the importance of this moral and...
Rules perform a moral function by restating moral principles in concrete terms, so as to reduce the uncertainty, error, and controversy that result wh...
This book presents a comprehensive overview of what the criminal law would look like if organized around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor s culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in the face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect...
This book presents a comprehensive overview of what the criminal law would look like if organized around the principle that those who deserve punishme...
This book presents a comprehensive overview of what the criminal law would look like if organized around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor s culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in the face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect...
This book presents a comprehensive overview of what the criminal law would look like if organized around the principle that those who deserve punishme...
Alexander and Horton have attempted to untangle one of the most difficult and potentially far-reaching questions in constitutional law: at what point does constitutional law leave off and plain old law' remain to occupy the US legal system's field of play? In addressing this question the authors take on two of the most murky concepts in constitutional law, state action; and under color of law.' In their attempt to make sense of these notions they develop models that potentially could provide coherent, principled answers to the problems created by the Supreme Court in its decisions in this...
Alexander and Horton have attempted to untangle one of the most difficult and potentially far-reaching questions in constitutional law: at what poi...
