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Liberalism: Ideas of freedom
Encompassing the relationship between the state and the individual, society and the individual, the nature of freedom and the concept of the person, this four-volume set covers the main tenets of the liberal tradition. The collection includes material from the rich background and history of classical writings, and also emphasizes modern scholarship and contemporary issues.Fully indexed and including a new introduction by the editor, this is an invaluable reference tool for both researchers and students in the field.
The Rule of Rules
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 practical conflict is acknowledged, the authors argue, authoritative rules become the central problems of jurisprud...
Demystifying Legal Reasoning
Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses common law reasoning when prior judicial decisions determine the law, and interpretation of texts. In both areas, the popular view that legal decision makers practise special forms of reasoning is false.
Moral Puzzles and Legal Perplexities
Engages with the life and work of Larry Alexander to explore puzzles and paradoxes in legal and moral theory.
Theoretical Foundations of Law and Economics
A book-length examination of the methodology and philosophy of law and economics.
Analogical Reasoning in Law
This work tackles the most intriguing type of reasoning which one may employ within the field of law. In addition to the merits and drawbacks of legal analogy, it discusses the orthodox approaches to it, together with their critical analysis, also posing challenges that these conceptions have difficulty in managing. As an alternative, the book advances an account of legal analogical reasoning that correlates well with the division into rational and intuitive thinking that occurs in contemporary psychology. By doing so, many of the unique properties of legal analogy which have been traditionally associated with it and which have often been difficult to explain become readily understandable. Moreover, the very source of the almost mystical faith in power and infallibleness of such analogy is revealed here, while this faith—astonishing or not—not only escapes condemnation, but is shown to be warranted from a scientific point of view. Finally, the book also presents vast scope of application, premises, schematic structures and factors able to influence the force of legal analogy.
Rethinking Unjust Enrichment
This inter-disciplinary volume brings together scholars from across the globe to challenge the dominant position of unjust enrichment and suggest more satisfactory alternatives. Rethinking Unjust Enrichment includes a broad range of voices from the UK, US, Australia, Canada, China, Singapore, Germany, Ireland, New Zealand, Hong Kong, and South America. The book includes voices of sceptics who think that the current unjust enrichment doctrine must be seriously qualified and others who think that it should be eliminated altogether. The contributions cast doubt on the various parameters of unjust enrichment from an analytical standpoint, representing four interrelated perspectives: history, soc...
Advanced Introduction to Legal Reasoning
This insightful and highly readable Advanced Introduction provides a succinct, yet comprehensive, overview of legal reasoning, covering both reasoning from canonical texts and legal decision-making in the absence of rules. Overall, it argues that there are only two methods by which judges decide legal disputes: deductive reasoning from rules and unconstrained moral, practical, and empirical reasoning.
Charity Law and the Liberal State
The first sustained consideration of the law of charity from a liberal philosophical perspective.
Proprietary Remedies in Context
Rotherham (U. of Cambridge, UK) provides a study of the juridical doctrines of English common law that allow for the acquisition of rights of ownership without an owner's consent and the issues raised by such redistributions of property rights. He ar gues that there is a fundamental tension in English law between the idea that property is inviolable and a de facto recognition of remedies that redistribute property rights. This tension leads to doctrines that are highly misleading and often indefe nsible. He suggests that the refusal to acknowledge the normative dimension of common law reasoning has precluded rational policy-making and has led to legal justifications that obfuscate rather than explain. A more rational doctrine would reject the absolutist paradigm of property, recognizing proper limits. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
