The Expressive Powers Of Law
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Author | : Richard H. McAdams |
Publisher | : Harvard University Press |
Total Pages | : 335 |
Release | : 2015-02-09 |
Genre | : Law |
ISBN | : 0674967208 |
Download The Expressive Powers of Law Book in PDF, Epub and Kindle
When asked why people obey the law, legal scholars usually give two answers. Law deters illicit activities by specifying sanctions, and it possesses legitimate authority in the eyes of society. Richard McAdams shifts the prism on this familiar question to offer another compelling explanation of how the law creates compliance: through its expressive power to coordinate our behavior and inform our beliefs. “McAdams’s account is useful, powerful, and—a rarity in legal theory—concrete...McAdams’s treatment reveals important insights into how rational agents reason and interact both with one another and with the law. The Expressive Powers of Law is a valuable contribution to our understanding of these interactions.” —Harvard Law Review “McAdams’s analysis widening the perspective of our understanding of why people comply with the law should be welcomed by those interested either in the nature of law, the function of law, or both...McAdams shows how law sometimes works by a power of suggestion. His varied examples are fascinating for their capacity both to demonstrate and to show the limits of law’s expressive power.” —Patrick McKinley Brennan, Review of Metaphysics
Author | : Richard H. McAdams |
Publisher | : Harvard University Press |
Total Pages | : 335 |
Release | : 2015-02-09 |
Genre | : Language Arts & Disciplines |
ISBN | : 0674046927 |
Download The Expressive Powers of Law Book in PDF, Epub and Kindle
Why do people obey the law? Law deters crime by specifying sanctions, and because people internalize its authority. But Richard McAdams says law also generates compliance through its expressive power to coordinate behavior (traffic laws) and inform beliefs (smoking bans)—that is, simply by what it says rather than what it sanctions.
Author | : Frederick Schauer |
Publisher | : Harvard University Press |
Total Pages | : 256 |
Release | : 2015-02-10 |
Genre | : Business & Economics |
ISBN | : 0674368215 |
Download The Force of Law Book in PDF, Epub and Kindle
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
Author | : E. Adamson Hoebel |
Publisher | : Harvard University Press |
Total Pages | : 372 |
Release | : 2009-07 |
Genre | : Law |
ISBN | : 9780674038707 |
Download The Law of Primitive Man Book in PDF, Epub and Kindle
This classic work in the anthropology of law offers ambitiously conceived analyses of the fundamental rights and duties treated as law among nonliterate peoples. The heart of the book is an analysis of the law of five societies: the Eskimo; the Ifugao; the Comanche, Kiowa, and Cheyenne tribes; the Trobriand Islanders; and the Ashanti.
Author | : Lawrence M. Friedman |
Publisher | : Harvard University Press |
Total Pages | : 328 |
Release | : 2016-09-19 |
Genre | : Law |
ISBN | : 0674971051 |
Download Impact Book in PDF, Epub and Kindle
Under what conditions are laws and rules effective? Lawrence M. Friedman gathers findings from many disciplines into one overarching analysis and lays the groundwork for a cohesive body of work in “impact studies.” He examines the importance of communication on the part of lawgivers and the nuances of motive among those subject to the law.
Author | : Richard A. Posner |
Publisher | : Harvard University Press |
Total Pages | : 474 |
Release | : 2004-03 |
Genre | : Business & Economics |
ISBN | : 9780674013605 |
Download Frontiers of Legal Theory Book in PDF, Epub and Kindle
The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies. Judge Richard Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier.
Author | : Philip Hamburger |
Publisher | : Harvard University Press |
Total Pages | : 712 |
Release | : 2008-11 |
Genre | : Business & Economics |
ISBN | : 9780674031319 |
Download Law and Judicial Duty Book in PDF, Epub and Kindle
Hamburger traces the early history of what is today called “judicial review.” The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent.
Author | : Ronald Dworkin |
Publisher | : OUP Oxford |
Total Pages | : 438 |
Release | : 1999 |
Genre | : Law |
ISBN | : 0198265573 |
Download Freedom's Law Book in PDF, Epub and Kindle
Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
Author | : Eric Bennett Rasmusen |
Publisher | : |
Total Pages | : 42 |
Release | : 2015 |
Genre | : |
ISBN | : |
Download Law, Coercion, and Expression Book in PDF, Epub and Kindle
What is law and why do people obey it? This question from jurisprudence has recently been tackled using the tools of economics. The field of law-and-economics has for many years studied how fines and imprisonment affect behavior. Nobody believes, however, that all compliance is motivated by penalties and it is questionable whether that is even the typical motivation. Two books published in 2015, Frederick Schauer's The Force of Law and Richard McAdams's The Expressive Powers of Law, consider alternative motivations, Schauer skeptically and McAdams more sympathetically. While coercion, either directly or in its support of internalized norms, seems to dominate law qua law (and not as a mere expression of morality), a considerable portion of law serves other uses such as coordination, information provision, expression, and reduction of transaction costs.
Author | : Chaim N. Saiman |
Publisher | : Princeton University Press |
Total Pages | : 312 |
Release | : 2020-09-29 |
Genre | : Philosophy |
ISBN | : 0691210853 |
Download Halakhah Book in PDF, Epub and Kindle
How the rabbis of the Talmud transformed Jewish law into a way of thinking and talking about everything Typically translated as "Jewish law," halakhah is not an easy match for what is usually thought of as law. This is because the rabbinic legal system has rarely wielded the political power to enforce its rules, nor has it ever been the law of any state. Even more idiosyncratically, the talmudic rabbis claim the study of halakhah is a holy endeavor that brings a person closer to God—a claim no country makes of its law. Chaim Saiman traces how generations of rabbis have used concepts forged in talmudic disputation to do the work that other societies assign not only to philosophy, political theory, theology, and ethics but also to art, drama, and literature. Guiding readers across two millennia of richly illuminating perspectives, this panoramic book shows how halakhah is not just "law" but an entire way of thinking, being, and knowing.