beyond comparison sex and discrimination cambridge studies in philosophy and law

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Beyond Comparison

Author : Timothy Macklem
ISBN : 0521534151
Genre : Philosophy
File Size : 26. 84 MB
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In Beyond Comparison: Sex and Discrimination Timothy Macklem addresses foundational issues in the long-running debate in legal, political and social theory about the nature of gender discrimination. He takes the highly original and controversial view that the heart of discrimination lies not in the unfavorable comparisons with the treatment and opportunities that men enjoy but rather in a denial of resources and opportunities that women need to lead successful and meaningful lives as women. Therefore, to understand what women need we must first understand what it is to be a woman. By displaying an impressive command of the feminist literature as well as intellectual rigor, this work promises to be a milestone in the debate about gender equality and will interest students and professionals in the areas of legal theory and gender studies.

Common Law Theory

Author : Douglas E. Edlin
ISBN : 9781139465694
Genre : Law
File Size : 40. 67 MB
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In this book, legal scholars, philosophers, historians and political scientists from Australia, Canada, New Zealand, the United Kingdom and the United States analyze the common law through three of its classic themes: rules, reasoning and constitutionalism. Their essays, specially commissioned for this volume, provide an opportunity for thinkers from different jurisdictions and disciplines to talk to each other and to their wider audience within and beyond the common law world. This book allows scholars and students to consider how these themes and concepts relate to one another. It will initiate and sustain a more inclusive and well-informed theoretical discussion of the common law's method, process and structure. It will be valuable to lawyers, philosophers, political scientists and historians interested in constitutional law, comparative law, judicial process, legal theory, law and society, legal history, separation of powers, democratic theory, political philosophy, the courts and the relationship of the common law tradition to other legal systems of the world.

Punishment Compensation And Law

Author : Mark R. Reiff
ISBN : 1139446215
Genre : Philosophy
File Size : 38. 67 MB
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When it was originally published in 2005, this book was the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. Focusing on the enforceability of legal rights but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the world. After describing the various means by which restraints may be enforced, Reiff explains how the sufficiency of enforcement can be measured, and he presents a unified theory of deterrence, retribution, and compensation that shows how these aspects of enforceability are interconnected. Reiff then applies his theory of enforceability to illuminate a variety of real-world problem situations.

Proceedings And Addresses Of The American Philosophical Association

Author : American Philosophical Association
ISBN : UOM:39015062073500
Genre : Philosophy
File Size : 46. 46 MB
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Is There A Right Of Freedom Of Expression

Author : Larry Alexander
ISBN : 9780521822930
Genre : Law
File Size : 42. 92 MB
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A sceptical appraisal of the claim that freedom of expression is a human right.

Norms In A Wired World

Author : Steven A. Hetcher
ISBN : 1139451146
Genre : Philosophy
File Size : 86. 60 MB
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Social order is regulated from above by the law but its foundation is built on norms and customs, informal social practices that enable people to make meaningful and productive uses of their time and resources. Despite the importance of these practices in keeping the social fabric together, very little of the jurisprudential literature has focused on a discussion of these norms and customs. In Social Norms in a Wired World Steven Hetcher argues that the traditional conception of norms as rule-like linguistic entities is erroneous. Instead, norms must be understood as patterns of rationally governed behaviour maintained in groups by acts of conformity. Using informal game theory in the analysis of norms and customs, Hetcher applies his theory of norms to tort law and Internet privacy laws. This book will appeal to students and professionals in law, philosophy, and political and social theory.

Crimes Against Humanity

Author : Larry May
ISBN : 0521600510
Genre : Law
File Size : 55. 47 MB
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The focus of 'Crimes Against Humanity' is on the moral, legal & political questions that arise when individuals who commit collective crimes are held accountable by international criminal tribunals.

Natural Law In Jurisprudence And Politics

Author : Mark C. Murphy
ISBN : 9781107320925
Genre : Philosophy
File Size : 73. 91 MB
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Natural law is a perennial though poorly represented and understood issue in political philosophy and the philosophy of law. In this 2006 book, Mark C. Murphy argues that the central thesis of natural law jurisprudence - that law is backed by decisive reasons for compliance - sets the agenda for natural law political philosophy, demonstrating how law gains its binding force by way of the common good of the political community. Murphy's work ranges over the central questions of natural law jurisprudence and political philosophy, including the formulation and defense of the natural law jurisprudential thesis, the nature of the common good, the connection between the promotion of the common good and requirement of obedience to law, and the justification of punishment.

Heythrop Journal

Author :
ISBN : UCAL:B3740434
Genre :
File Size : 61. 82 MB
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Author : Larry Alexander
ISBN : 0521799996
Genre : Law
File Size : 75. 46 MB
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This specially commissioned volume examines the issue of constitutionalism.

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