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

The articles during this new version of A better half to Philosophy of legislations and criminal 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 considering in criminal philosophy.

  • Represents the definitive instruction manual of philosophy of legislation and modern felony conception, valuable to a person with an curiosity in criminal philosophy
  • Now beneficial properties ten completely new articles, overlaying the parts of threat, regulatory conception, method, overcriminalization, goal, coercion, unjust enrichment, the guideline of legislation, legislation and society, and Kantian felony philosophy
  • Essays are written through a global group of major 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 legal legislations (pages 90–102): Leo Katz
Chapter five Public foreign legislation (pages 103–118): Philip Bobbitt
Chapter 6 Constitutional legislation 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 normal legislation concept (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 criminal stories (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 legislations 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 conception 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 legislations 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 legislations (pages 559–570): Vincent A. Wellman
Chapter forty Analogical Reasoning (pages 571–577): Jefferson White
Chapter forty-one chance (pages 578–589): John Oberdiek
Chapter forty two Regulatory concept (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 purpose (pages 632–641): Kimberly Kessler Ferzan
Chapter forty six Coercion (pages 642–653): supply Lamond
Chapter forty seven Unjust Enrichment (pages 654–665): Ernest J. Weinrib
Chapter forty eight the precise of the guideline of legislations (pages 666–674): Andrei Marmor

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

Example text

28 2 Contract PETER BENSON Introduction Contemporary contract theory is characterized by the following paradoxical situation. On the one hand, the basic form and concepts of contract doctrine in both common law and civil law jurisdictions are, for the most part, firmly and clearly established as well as widely accepted. This has been so for decades now and, in the case of certain aspects of doctrine, for centuries. The present situation, as James Gordley (1991, p. ” In sharp contrast, the world of contract theory presents itself as a multiplicity of mutually exclusive approaches with their own distinctive contents and presuppositions.

So, in addition to being reasons for promising, the receipt of benefits and the inducement of reliance represent, as consequences of promising, possible substantive bases of obligation. On Atiyah’s view, then, promises are enforceable only when a benefit has been conferred or when reliance has taken place, and the basis for enforcement is in unjust enrichment or in tort respectively. But if this is so, what role is left for the promise itself to play? Atiyah’s answer was that a promise made to obtain a benefit or to induce reliance can play a “formal” role in shaping the legal consequences attaching to these effects (Atiyah, 1981, pp.

73), this essay has largely shaped the course of discussion since the 1940s. As we will see, much of contemporary contract theory may be situated in relation to it, whether as an effort to develop or to answer its challenge (Smith, 2004, pp. 78, 414–17). 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.

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