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TODOS CONTRA POSNER
Posner tem um projeto de dominação ideológica? Posner é um comerciante moral? Posner é um poltergeist? Posner é um monstro? No mínimo, Posner é um autor difícil de ser compreendido, uma vez que seu pensamento passa por diversas fases que aparentam conter ideias radicalmente diferentes. Em todas essas fases, há um elemento comum: Posner incomoda pensadores de todos os espectros políticos e matrizes hermenêuticas. Nesta obra, Alessandra Oitaven Pearce buscou, então, compreender o pensamento de Richard Posner a partir do olhar dos seus críticos, situando suas ideias no contexto dos principais debates que ele travou. Ao final desse percurso, Alessandra encontra no conceito de "fragilidade da bondade" uma "chave" para compreender e realizar sua própria crítica a Posner. Não, Posner não é um monstro. Posner é alguém que teme a contingência no direito, ou seja, o espaço de indeterminação. Contudo, aceitar a existência dessa contingência é fundamental para que o direito seja um "bom" direito.
Keep soil alive, protect soil biodiversity
The proceedings book of the GSOBI21 contains all papers presented both orally and in poster format during the symposium. The papers have provided sufficient scientific evidence that the loss of soil biodiversity is a global threat, and shows the place we are standing on and where we need to go to prevent soil biodiversity loss and to reinforce knowledge about soil biodiversity.
Plantation Memories
Plantation Memories is a compilation of episodes of everyday racism written in the form of short psychoanalytical stories. From the question “Where do you come from?” to Hair Politics to the N-word, the book is a strong, eloquent, and elaborate piece that deconstructs the normality of everyday racism and exposes the violence of being placed as the Other. Released at the Berlin International Literature Festival in 2008, soon the book became internationally acclaimed and part of numerous academic curricula. Known for her subversive practice of giving body, voice, and image to her own texts, Grada Kilomba has adapted her book into a staged reading and video installation. Plantation Memories is an important contribution to the global cultural discourse.
The Force of Law
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 Legacy of Ronald Dworkin
This book comprises sixteen papers selected from the 2014 McMaster University Philosophy of Law Conference (lawconf.mcmaster.ca) on the legacy of Ronald Dworkin (lawconf.mcmaster.ca). These pieces touch upon many aspects of Ronald Dworkin?s wide-ranging contributions to philosophy and jurisprudence, including his theory of value, political philosophy, moral philosophy, philosophy of international law, and legal philosophy. The book?s organizing principle and theme reflects Dworkin?s self-conception as a builder of a unified theory of value. Part I addresses the most abstract and general aspect of Dworkin?s work?the unity of value thesis. Part II comprises works that address themes from Dwork...
Recognizing Wrongs
Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has be...
Punitive Damages
Over the past two decades, the United States has seen a dramatic increase in the number and magnitude of punitive damages verdicts rendered by juries in civil trials. Probably the most extraordinary example is the July 2000 award of $144.8 billion in the Florida class action lawsuit brought against cigarette manufacturers. Or consider two recent verdicts against the auto manufacturer BMW in Alabama. In identical cases, argued in the same court before the same judge, one jury awarded $4 million in punitive damages, while the other awarded no punitive damages at all. In cases involving accidents, civil rights, and the environment, multimillion-dollar punitive awards have been a subject of inte...
Judging Positivism
Judging Positivism is a critical exploration of the method and substance of legal positivism. Margaret Martin is primarily concerned with the manner in which theorists who adopt the dominant positivist paradigm ask a limited set of questions and offer an equally limited set of answers, artificially circumscribing the field of legal philosophy in the process. The book focuses primarily but not exclusively on the writings of prominent legal positivist, Joseph Raz. Martin argues that Raz's theory has changed over time and that these changes have led to deep inconsistencies and incoherencies in his account. One re-occurring theme in the book is that Razian positivism collapses from within. In th...
Christianity and Private Law
This volume examines the relationship between Christian legal theory and the fields of private law. Recent years have seen a resurgence of interest in private law theory, and this book contributes to that discussion by drawing on the historical, theological, and philosophical resources of the Christian tradition. The book begins with an introduction from the editors that lays out the understanding of "private law" and what distinguishes private law topics from other fields of law. This section includes two survey chapters on natural law and biblical sources. The remaining sections of the book move sequentially through the fields of property, contracts, and torts. Several chapters focus on hi...
Superfund
"A thorough, extensively documented, and well-written description of . . . the Superfund program and an astute appraisal of its many flaws . . . The book is a valuable contribution to the literature on Superfund policy and politics."--Policy Currents."Hir
