Download A Companion to Philosophy of Law and Legal Theory by Dennis Patterson PDF

By Dennis Patterson

The articles during this re-creation of A spouse to Philosophy of legislations and felony idea were up to date all through, and the addition of ten new articles guarantees that the quantity maintains to provide the main updated insurance of  present considering in criminal philosophy.

  • Represents the definitive guide of philosophy of legislations and modern felony conception, worthy to someone with an curiosity in felony philosophy
  • Now gains ten solely new articles, overlaying the components of threat, regulatory conception, method, overcriminalization, goal, coercion, unjust enrichment, the rule of thumb of legislation, legislation and society, and Kantian felony philosophy
  • Essays are written through a world group of best scholars

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Extra resources for A Companion to Philosophy of Law and Legal Theory

Sample text

Jeremy waldron their successive transferees dictate. ) The result may be that resources are widely distributed or concentrated in a very few hands; some individuals may own a lot, whereas others own next to nothing. It is part of the logic of private property that no one has the responsibility to concern themselves with the big picture, so far as the distribution of resources is concerned. Society simply pledges itself to enforce the rights of exclusion that ownership involves, wherever they happen to be.

Put in terms of the distinction between misfeasance and nonfeasance, Fuller’s difficulty with expectation damages is that they seem to make the promisor liable for mere nonfeasance. The promisor is compelled to improve the promisee’s circumstances, not to repair a loss wrongfully caused. The “normal” measure of contract damages appears anomalous from the standpoint of private law itself. For the same reason, the enforcement of purely executory agreements not relied upon by the promisee is problematic, given that the only basis for enforcement can be protection of the expectation interest.

But in every private property system with which we are familiar, there is a class of people, often many thousands, who own little or nothing and who are arguably much worse off under that system than they would be under, say, a socialist alternative. A justificatory theory cannot simply ignore their predicament, if only because it is in part their predicament that poses the justificatory issue in the first place. A hard-line utilitarian may insist that the advantages to those who enjoy private ownership simply outweigh the costs to those who suffer.

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