Why The Law Is So Perverse
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Why The Law Is So Perverse
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Author : Leo Katz
language : en
Publisher: University of Chicago Press
Release Date : 2011-09
Why The Law Is So Perverse written by Leo Katz and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09 with Law categories.
"Katz focuses on four fundamental features of our legal system, all of which seem to not make sense on some level and to demand explanation. First, legal decisions are essentially made in an either/or fashion... Second, the law is full of loopholes... Third, legal systems are loath to punish certain kinds of highly immoral conduct while prosecuting other far less pernicious behaviors... Finally, why does the law often prohibit what are sometimes called win-win transactions, such as organ sales or surrogacy contracts?" - from the University of Chicago Press press release
Book Review Of Leo Katz Why The Law Is So Perverse
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Author : Peter H. Huang
language : en
Publisher:
Release Date : 2013
Book Review Of Leo Katz Why The Law Is So Perverse written by Peter H. Huang and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
This review of Leo Katz's book, Why the Law is So Perverse, addresses three questions. First, does Katz draw the appropriate normative conclusions about legal perversities based on their connections to social choice theory? In other words, what are the legal ethics and professionalism implications of his book? Second, how does each of the legal perversities in the book follow from a particular social choice theory result? In other words, what is the precise theoretical connection between each of the legal perversities discussed and an impossibility theorem in social choice theory? Third, can we reinterpret our understanding of the seemingly dismal and negative impossibility theorems from social choice in a constructive and positive way to suggest how society can make the best of legal perversities? In other words, what are benign interpretations and positive versions of the social choice impossibility theorems and their implications for how society can deal with what Katz calls legal perversities?
Why The Law Is So Perverse
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Author : Leo Katz
language : en
Publisher: University of Chicago Press
Release Date : 2011-07-30
Why The Law Is So Perverse written by Leo Katz and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-30 with Law categories.
Conundrums, puzzles, and perversities: these are Leo Katz’s stock-in-trade, and in Why the Law Is So Perverse, he focuses on four fundamental features of our legal system, all of which seem to not make sense on some level and to demand explanation. First, legal decisions are essentially made in an either/or fashion—guilty or not guilty, liable or not liable, either it’s a contract or it’s not—but reality is rarely as clear-cut. Why aren’t there any in-between verdicts? Second, the law is full of loopholes. No one seems to like them, but somehow they cannot be made to disappear. Why? Third, legal systems are loath to punish certain kinds of highly immoral conduct while prosecuting other far less pernicious behaviors. What makes a villainy a felony? Finally, why does the law often prohibit what are sometimes called win-win transactions, such as organ sales or surrogacy contracts? Katz asserts that these perversions arise out of a cluster of logical difficulties related to multicriterial decision making. The discovery of these difficulties dates back to Condorcet’s eighteenth-century exploration of voting rules, which marked the beginning of what we know today as social choice theory. Condorcet’s voting cycles, Arrow’s Theorem, Sen’s Libertarian Paradox—every seeming perversity of the law turns out to be the counterpart of one of the many voting paradoxes that lie at the heart of social choice. Katz’s lucid explanations and apt examples show why they resist any easy resolutions. The New York Times Book Review called Katz’s first book “a fascinating romp through the philosophical side of the law.” Why the Law Is So Perverse is sure to provide its readers a similar experience.
Ignorance Of Law
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Author : Douglas N. Husak
language : en
Publisher: Oxford University Press
Release Date : 2016
Ignorance Of Law written by Douglas N. Husak and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
This book argues that ignorance of law should usually be a complete excuse from criminal liability. It defends this conclusion by invoking two presumptions: first, the content of criminal law should conform to morality; second, mistakes of fact and mistakes of law should be treated symmetrically. The author grounds his position in an underlying theory of moral and criminal responsibility according to which blameworthiness consists in a defective response to the moral reasons one has. Since persons cannot be faulted for failing to respond to reasons for criminal liability they do not believe they have, then ignorance should almost always excuse. But persons are somewhat responsible for their wrongs when their mistakes of law are reckless, that is, when they consciously disregard a substantial and unjustifiable risk that their conduct might be wrong. This book illustrates this with examples and critiques the arguments to the contrary offered by criminal theorists and moral philosophers. It assesses the real-world implications for the U.S. system of criminal justice. The author describes connections between the problem of ignorance of law and other topics in moral and legal theory.
Targeted Killings
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Author : Claire Finkelstein
language : en
Publisher: OUP Oxford
Release Date : 2012-03-01
Targeted Killings written by Claire Finkelstein and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-01 with Law categories.
The war on terror is remaking conventional warfare. The protracted battle against a non-state organization, the demise of the confinement of hostilities to an identifiable battlefield, the extensive involvement of civilian combatants, and the development of new and more precise military technologies have all conspired to require a rethinking of the law and morality of war. Just war theory, as traditionally articulated, seems ill-suited to justify many of the practices of the war on terror. The raid against Osama Bin Laden's Pakistani compound was the highest profile example of this strategy, but the issues raised by this technique cast a far broader net: every week the U.S. military and CIA launch remotely piloted drones to track suspected terrorists in hopes of launching a missile strike against them. In addition to the public condemnation that these attacks have generated in some countries, the legal and moral basis for the use of this technique is problematic. Is the U.S. government correct that nations attacked by terrorists have the right to respond in self-defense by targeting specific terrorists for summary killing? Is there a limit to who can legitimately be placed on the list? There is also widespread disagreement about whether suspected terrorists should be considered combatants subject to the risk of lawful killing under the laws of war or civilians protected by international humanitarian law. Complicating the moral and legal calculus is the fact that innocent bystanders are often killed or injured in these attacks. This book addresses these issues. Featuring chapters by an unrivalled set of experts, it discusses all aspects of targeted killing, making it unmissable reading for anyone interested in the implications of this practice.
Perverse Romanticism
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Author : Richard C. Sha
language : en
Publisher: JHU Press
Release Date : 2009-01-12
Perverse Romanticism written by Richard C. Sha and has been published by JHU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-12 with Literary Criticism categories.
Richard C. Sha’s revealing study considers how science shaped notions of sexuality, reproduction, and gender in the Romantic period. Through careful and imaginative readings of various scientific texts, the philosophy of Immanuel Kant and Longinus, and the works of such writers as William Blake, Percy Bysshe Shelley, Mary Wollstonecraft, and Lord Byron, Sha explores the influence of contemporary aesthetics and biology on literary Romanticism. Revealing that ideas of sexuality during the Romantic era were much more fluid and undecided than they are often characterized in the existing scholarship, Sha’s innovative study complicates received claims concerning the shift from perversity to perversion in the nineteenth century. He observes that the questions of perversity—or purposelessness—became simultaneously critical in Kantian aesthetics, biological functionalism, and Romantic ideas of private and public sexuality. The Romantics, then, sought to reconceptualize sexual pleasure as deriving from mutuality rather than from the biological purpose of reproduction. At the nexus of Kantian aesthetics, literary analysis, and the history of medicine, Perverse Romanticism makes an important contribution to the study of sexuality in the long eighteenth century.
The Birth Of Doubt
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Author : Moshe Halbertal
language : en
Publisher: SBL Press
Release Date : 2020-04-08
The Birth Of Doubt written by Moshe Halbertal and has been published by SBL Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-08 with Religion categories.
A systematic attempt to understand the rabbinic world through its approach to confronting uncertainty In the history of halakhah, the treatment of uncertainty became one of the most complex fields of intense study. In his latest book, Moshe Halbertal focuses on examining the point of origin of the study of uncertainty in early rabbinic literature, including the Mishnah, Tosefta, and halakhic midrashim. Halbertal explores instructions concerning how to behave in situations of uncertainty ranging from matters of ritual purity, to lineage and marriage, to monetary law, and to the laws of forbidden foods. This examination of the rules of uncertainty introduced in early rabbinic literature reveals that these rules were not aimed at avoiding but rather at dwelling in the midst of uncertainty, thus rejecting the sectarian isolationism that sought to minimize a community’s experience of and friction with uncertainty. Features: A thorough investigation of the principles concerning how to behave in cases of uncertainty An examination of two distinct modes for coping with uncertainty
The Twenty Six Words That Created The Internet
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Author : Jeff Kosseff
language : en
Publisher: Cornell University Press
Release Date : 2019-04-15
The Twenty Six Words That Created The Internet written by Jeff Kosseff and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-15 with Computers categories.
"No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." Did you know that these twenty-six words are responsible for much of America's multibillion-dollar online industry? What we can and cannot write, say, and do online is based on just one law—a law that protects online services from lawsuits based on user content. Jeff Kosseff exposes the workings of Section 230 of the Communications Decency Act, which has lived mostly in the shadows since its enshrinement in 1996. Because many segments of American society now exist largely online, Kosseff argues that we need to understand and pay attention to what Section 230 really means and how it affects what we like, share, and comment upon every day. The Twenty-Six Words That Created the Internet tells the story of the institutions that flourished as a result of this powerful statute. It introduces us to those who created the law, those who advocated for it, and those involved in some of the most prominent cases decided under the law. Kosseff assesses the law that has facilitated freedom of online speech, trolling, and much more. His keen eye for the law, combined with his background as an award-winning journalist, demystifies a statute that affects all our lives –for good and for ill. While Section 230 may be imperfect and in need of refinement, Kosseff maintains that it is necessary to foster free speech and innovation. For filings from many of the cases discussed in the book and updates about Section 230, visit jeffkosseff.com
The Long Arc Of Legality
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Author : David Dyzenhaus
language : en
Publisher: Cambridge University Press
Release Date : 2022-01-27
The Long Arc Of Legality written by David Dyzenhaus and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-27 with History categories.
Explores how the central question of philosophy of law is the legal subject's: how can that be law for me?
Rebel Law
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Author : Frank Ledwidge
language : en
Publisher: Oxford University Press
Release Date : 2017
Rebel Law written by Frank Ledwidge and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Counterinsurgency categories.
"In most societies, courts are where the rubber of government meets the road of the people. If a state cannot settle disputes and enforce its decisions, to all intents and purposes it is no longer in charge. This is why successful rebels put courts and justice at the top of their agendas. Rebel Law explores this key weapon in the arsenal of insurgent groups, from the IRA's 'Republican Tribunals' of the 1920s to Islamic State's 'Caliphate of Law,' via the ALN in Algeria of the 50s and 60s and the Afghan Taliban of recent years. Frank Ledwidge delineates the battle in such ungoverned spaces between counterinsurgents seeking to retain the initiative and the insurgent courts undermining them. Contrasting colonial judicial strategy with the chaos of stabilisation operations in Iraq and Afghanistan, he offers compelling lessons for today's conflicts"--Book jacket.