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Nasty, Brutish, and Short
'Witty and learned ... Hershovitz intertwines parenting and philosophy, recounting his spirited arguments with his kids about infinity, morality, and the existence of God' Jordan Ellenberg, author of Shape A funny, wise guide to the art of thinking, and why the smallest people have the answers to the biggest questions 'Anyone can do philosophy, every kid does...' Some of the best philosophers in the world can be found in the most unlikely places: in preschools and playgrounds. They gather to debate questions about metaphysics and morality, even though they've never heard the words, and can't tie their shoelaces. As Scott Hershovitz shows in this delightful book, kids are astoundingly good ph...
Nasty, Brutish, and Short
An NPR Best Book of 2022 * One of Christian Science Monitor's 10 best books of May “This amazing new book . . . takes us on a journey through classic and contemporary philosophy powered by questions like ‘What do we have the right to do? When is it okay to do this or that?’ They explore punishment and authority and sex and gender and race and the nature of truth and knowledge and the existence of God and the meaning of life and Scott just does an incredible job.” —Ryan Holiday, The Daily Stoic Some of the best philosophers in the world gather in surprising places—preschools and playgrounds. They debate questions about metaphysics and morality, even though they’ve never heard th...
Exploring Law's Empire
Exploring Law's Empire is a collection of essays examining the work of Ronald Dworkin in the philosophy of law and constitutionalism. A group of leading legal theorists develop, defend and critique the major areas of Dworkin's work, including his criticism of legal positivism, his theory of law as integrity, and his work on constitutional theory. The volume concludes with a lengthy response to the essays by Dworkin himself, which develops and clarifies many of his positions on the central questions of legal and constitutional theory. The volume represents an ideal companion for students and scholars embarking on a study of Dworkin's work.
Law Is a Moral Practice
What is law, and why does it matter? Scott Hershovitz says that law is a moral practice--a tool for adjusting our moral relations. This claim is simple on its face, but it has stark implications for the rule of law. At once erudite and entertaining, Hershovitz's argument engages with the most important legal and political controversies of our time.
Summary of Scott Hershovitz's Nasty, Brutish, and Short
Please note: This is a companion version & not the original book. Sample Book Insights: #1 I love drawing a bath for my kids. It’s the only time I get to be alone, and I can’t wait. But when my kids are tired, their kinetic energy increases and their self-control self-destructs. #2 Rights are not physical possessions, but rather normative protections generated by the norms of good behavior. Someone who is trying to act well would not take Tigey without your permission, but not everyone tries to act well. #3 Rights are relationships. They are claims that someone has on something else. They can be good against multiple people, or good against everyone. They are not inside you, but they are not outside of you either. #4 When you have a right, someone else has an obligation. Rights are relationships, and two people are part of every right: the right holder and the obligation bearer. Rights and responsibilities travel together. They are the same relationship described from different sides.
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
Philosophical Foundations of the Law of Torts
This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.
Legality
What is law? In this book, Scott Shapiro draws on current work in the theory of action to offer an original and compelling answer to this perennial philosophical question.
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...
The Right to Do Wrong
Common morality—in the form of shame, outrage, and stigma—has always been society’s first line of defense against ethical transgressions. Social mores crucially complement the law, Mark Osiel shows, sparing us from oppressive formal regulation. Much of what we could do, we shouldn’t—and we don’t. We have a free-speech right to be offensive, but we know we will face outrage in response. We may declare bankruptcy, but not without stigma. Moral norms constantly demand more of us than the law requires, sustaining promises we can legally break and preventing disrespectful behavior the law allows. Mark Osiel takes up this curious interplay between lenient law and restrictive morality, ...
