The Expressive Powers Of Law

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The Expressive Powers of Law

Author : Richard H. McAdams
Publisher : Harvard University Press
Page : 335 pages
File Size : 51,7 Mb
Release : 2015-02-09
Category : Law
ISBN : 9780674967205

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The Expressive Powers of Law by Richard H. McAdams Pdf

When asked why people obey the law, legal scholars usually give two answers. Law deters illicit activities by specifying sanctions, and it possesses legitimate authority in the eyes of society. Richard McAdams shifts the prism on this familiar question to offer another compelling explanation of how the law creates compliance: through its expressive power to coordinate our behavior and inform our beliefs. “McAdams’s account is useful, powerful, and—a rarity in legal theory—concrete...McAdams’s treatment reveals important insights into how rational agents reason and interact both with one another and with the law. The Expressive Powers of Law is a valuable contribution to our understanding of these interactions.” —Harvard Law Review “McAdams’s analysis widening the perspective of our understanding of why people comply with the law should be welcomed by those interested either in the nature of law, the function of law, or both...McAdams shows how law sometimes works by a power of suggestion. His varied examples are fascinating for their capacity both to demonstrate and to show the limits of law’s expressive power.” —Patrick McKinley Brennan, Review of Metaphysics

The Force of Law

Author : Frederick Schauer
Publisher : Harvard University Press
Page : 256 pages
File Size : 40,5 Mb
Release : 2015-02-10
Category : Business & Economics
ISBN : 9780674368217

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The Force of Law by Frederick Schauer Pdf

Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law

The Expressive Powers of Law

Author : Richard H. McAdams
Publisher : Harvard University Press
Page : 335 pages
File Size : 43,6 Mb
Release : 2015-02-09
Category : Language Arts & Disciplines
ISBN : 9780674046924

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The Expressive Powers of Law by Richard H. McAdams Pdf

Why do people obey the law? Law deters crime by specifying sanctions, and because people internalize its authority. But Richard McAdams says law also generates compliance through its expressive power to coordinate behavior (traffic laws) and inform beliefs (smoking bans)—that is, simply by what it says rather than what it sanctions.

The Constitutional Protection of Freedom of Expression

Author : Richard Moon
Publisher : University of Toronto Press
Page : 330 pages
File Size : 45,7 Mb
Release : 2000-01-01
Category : Law
ISBN : 0802078362

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The Constitutional Protection of Freedom of Expression by Richard Moon Pdf

Moon argues that recognition of the social dynamic of communication is critical to understanding the potential value and harm of language and to addressing questions about the scope and limits on one's rights to freedom of expression.

Freedom's Law

Author : Ronald Dworkin
Publisher : OUP Oxford
Page : 438 pages
File Size : 52,8 Mb
Release : 1999
Category : Law
ISBN : 9780198265573

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Freedom's Law by Ronald Dworkin Pdf

Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.

The Law of Primitive Man

Author : E. Adamson Hoebel
Publisher : Harvard University Press
Page : 372 pages
File Size : 48,8 Mb
Release : 2009-07
Category : Law
ISBN : 0674038703

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The Law of Primitive Man by E. Adamson Hoebel Pdf

This classic work in the anthropology of law offers ambitiously conceived analyses of the fundamental rights and duties treated as law among nonliterate peoples. The heart of the book is an analysis of the law of five societies: the Eskimo; the Ifugao; the Comanche, Kiowa, and Cheyenne tribes; the Trobriand Islanders; and the Ashanti.

The Right to Do Wrong

Author : Mark Osiel
Publisher : Harvard University Press
Page : 512 pages
File Size : 47,9 Mb
Release : 2019-02-25
Category : Law
ISBN : 9780674240209

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The Right to Do Wrong by Mark Osiel Pdf

Much of what we could do, we shouldn’t—and we don’t. Mark Osiel shows that common morality—expressed as shame, outrage, and stigma—is society’s first line of defense against transgressions. Social norms can be indefensible, but when they complement the law, they can save us from an alternative that is far worse: a repressive legal regime.

Impact

Author : Lawrence M. Friedman
Publisher : Harvard University Press
Page : 328 pages
File Size : 51,6 Mb
Release : 2016-09-19
Category : Law
ISBN : 9780674971059

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Impact by Lawrence M. Friedman Pdf

Under what conditions are laws and rules effective? Lawrence M. Friedman gathers findings from many disciplines into one overarching analysis and lays the groundwork for a cohesive body of work in “impact studies.” He examines the importance of communication on the part of lawgivers and the nuances of motive among those subject to the law.

Halakhah

Author : Chaim N. Saiman
Publisher : Princeton University Press
Page : 312 pages
File Size : 54,6 Mb
Release : 2020-09-29
Category : Philosophy
ISBN : 9780691210858

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Halakhah by Chaim N. Saiman Pdf

How the rabbis of the Talmud transformed Jewish law into a way of thinking and talking about everything Typically translated as "Jewish law," halakhah is not an easy match for what is usually thought of as law. This is because the rabbinic legal system has rarely wielded the political power to enforce its rules, nor has it ever been the law of any state. Even more idiosyncratically, the talmudic rabbis claim the study of halakhah is a holy endeavor that brings a person closer to God—a claim no country makes of its law. Chaim Saiman traces how generations of rabbis have used concepts forged in talmudic disputation to do the work that other societies assign not only to philosophy, political theory, theology, and ethics but also to art, drama, and literature. Guiding readers across two millennia of richly illuminating perspectives, this panoramic book shows how halakhah is not just "law" but an entire way of thinking, being, and knowing.

A Critique of Adjudication [fin de Sicle]

Author : Duncan Kennedy
Publisher : Harvard University Press
Page : 436 pages
File Size : 40,7 Mb
Release : 2009-06-01
Category : Law
ISBN : 0674039521

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A Critique of Adjudication [fin de Sicle] by Duncan Kennedy Pdf

A major statement from one of the foremost legal theorists of our day, this book offers a penetrating look into the political nature of legal, and especially judicial, decision making. It is also the first sustained attempt to integrate the American approach to law, an uneasy balance of deep commitment and intense skepticism, with the Continental tradition in social theory, philosophy, and psychology. At the center of this work is the question of how politics affects judicial activity-and how, in turn, lawmaking by judges affects American politics. Duncan Kennedy considers opposing views about whether law is political in character and, if so, how. He puts forward an original, distinctive, and remarkably lucid theory of adjudication that includes accounts of both judicial rhetoric and the experience of judging. With an eye to the current state of theory, legal or otherwise, he also includes a provocative discussion of postmodernism. Ultimately concerned with the practical consequences of ideas about the law, A Critique of Adjudication explores the aspects and implications of adjudication as few books have in this century. As a comprehensive and powerfully argued statement of a critical position in modern American legal thought, it will be essential to any balanced picture of the legal, political, and cultural life of our nation.

Law’s Quandary

Author : Steven D. Smith
Publisher : Harvard University Press
Page : 223 pages
File Size : 54,9 Mb
Release : 2009-07-01
Category : Law
ISBN : 9780674043824

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Law’s Quandary by Steven D. Smith Pdf

This lively book reassesses a century of jurisprudential thought from a fresh perspective, and points to a malaise that currently afflicts not only legal theory but law in general. Steven Smith argues that our legal vocabulary and methods of reasoning presuppose classical ontological commitments that were explicitly articulated by thinkers from Aquinas to Coke to Blackstone, and even by Joseph Story. But these commitments are out of sync with the world view that prevails today in academic and professional thinking. So our law-talk thus degenerates into "just words"--or a kind of nonsense. The diagnosis is similar to that offered by Holmes, the Legal Realists, and other critics over the past century, except that these critics assumed that the older ontological commitments were dead, or at least on their way to extinction; so their aim was to purge legal discourse of what they saw as an archaic and fading metaphysics. Smith's argument starts with essentially the same metaphysical predicament but moves in the opposite direction. Instead of avoiding or marginalizing the "ultimate questions," he argues that we need to face up to them and consider their implications for law.

Reflections on Judging

Author : Richard A. Posner
Publisher : Harvard University Press
Page : 423 pages
File Size : 55,5 Mb
Release : 2013-10-07
Category : Law
ISBN : 9780674184657

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Reflections on Judging by Richard A. Posner Pdf

In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers. For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.

Frontiers of Legal Theory

Author : Richard A. Posner
Publisher : Harvard University Press
Page : 474 pages
File Size : 49,8 Mb
Release : 2004-03
Category : Business & Economics
ISBN : 0674013603

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Frontiers of Legal Theory by Richard A. Posner Pdf

The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies. Judge Richard Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier.

Justice in Robes

Author : Ronald Dworkin
Publisher : Harvard University Press
Page : 319 pages
File Size : 41,6 Mb
Release : 2008-04-30
Category : Law
ISBN : 9780674027275

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Justice in Robes by Ronald Dworkin Pdf

How should a judge's moral convictions bear on his judgments about what the law is? Lawyers, sociologists, philosophers, politicians, and judges all have answers to that question: these range from ÒnothingÓ to Òeverything.Ó In Justice in Robes, Ronald Dworkin argues that the question is much more complex than it has often been taken to be and charts a variety of dimensionsÑsemantic, jurisprudential, and doctrinalÑin which law and morals are undoubtedly interwoven. He restates and summarizes his own widely discussed account of these connections, which emphasizes the sovereign importance of moral principle in legal and constitutional interpretation, and then reviews and criticizes the most influential rival theories to his own. He argues that pragmatism is empty as a theory of law, that value pluralism misunderstands the nature of moral concepts, that constitutional originalism reflects an impoverished view of the role of a constitution in a democratic society, and that contemporary legal positivism is based on a mistaken semantic theory and an erroneous account of the nature of authority. In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard Posner, Cass Sunstein, Antonin Scalia, and Joseph Raz. Dworkin's new collection of essays and original chapters is a model of lucid, logical, and impassioned reasoning that will advance the crucially important debate about the roles of justice in law.

Law and Memory

Author : Uladzislau Belavusau,Aleksandra Gliszczyńska-Grabias
Publisher : Cambridge University Press
Page : 461 pages
File Size : 45,8 Mb
Release : 2017-10-19
Category : Law
ISBN : 9781107188754

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Law and Memory by Uladzislau Belavusau,Aleksandra Gliszczyńska-Grabias Pdf

The volume revisits memory laws as a phenomenon of global law, transitional justice, historical narratives and claims for historical truth. It will appeal to those interested in the conflict between legal governance of memory with values of democratic citizenship, political pluralism, and fundamental rights.