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Moral Combat
Puts forward the argument that the law cannot require us to do what morality forbids.
Debts and the Demands of Conscience
Why should debtors who default on their obligations be forgiven? Focusing on this central question at the heart of bankruptcy, this challenging book examines the theoretical foundations of insolvency law, exploring the economic and moral rationales for the law's decision to wipe the slate clean.
Consent to Sexual Relations
An important discussion of philosophical issues surrounding consent to sexual relations.
Green Light Ethics
This book is about permissive consent—the moral tool we use to give another person permission to do what would otherwise be forbidden. For instance, consent to enter my home gives you permission to do what would otherwise be trespass. This transformation is the very thing that philosophers identify as consent—which is why we call it a normative power. It is something individuals can do, by choice, to change the moral or legal world. But what human acts or attitudes render consent? When do coercive threats, offers, or lies undermine the transformative power of consent? What intentions or conventions are necessary to render consent meaningful? This book develops a novel theory that explain...
Moral Puzzles and Legal Perplexities
Engages with the life and work of Larry Alexander to explore puzzles and paradoxes in legal and moral theory.
Criminalising Hate
This book presents both a new theoretical framework for the criminalisation of hate, referred to as “law as social justice liberalism”, and a comprehensive analysis of hate crime laws that have been enacted globally. The book begins by reflecting back on 30 years of theorisation on hate crime laws, arguing that there has been a failure to adequately capture the distinct harms of hate-based criminal conduct within legal frameworks. The book posits that liberal societies interested in advancing social equality ought to expand conventional paradigms of harm used in criminal law by comprehending hate-based conduct as a form of social injustice. Drawing on the work of Iris Young, the book set...
Oxford Studies in Private Law Theory: Volume I
This volume brings together essays by scholars from around the world covering issues in general private law theory as well as specific fields including the theoretical analysis of tort law, property law, and contract law.
Dynamic Statutory Interpretation
Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer authoritative texts than does either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret sta...
Understanding Jurisprudence
Understanding Jurisprudence provides an illuminating and engaging introduction to the central questions of legal theory. It is the perfect starting point for those new to the subject.
A Theory of Legal Obligation
Bertea puts forward a comprehensive and original theory of legal obligation, understood as a distinctive legal concept.
