the rule of rules morality rules and the dilemmas of law e duke books scholarly collection

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The Rule Of Rules

Author : Larry Alexander
ISBN : 9780822380023
Genre : Law
File Size : 24. 44 MB
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Rules perform a moral function by restating moral principles in concrete terms, so as to reduce the uncertainty, error, and controversy that result when individuals follow their own unconstrained moral judgment. Although reason dictates that we must follow rules to avoid destructive error and controversy, rules—and hence laws—are imperfect, and reason also dictates that we ought not follow them when we believe they produce the wrong result in a particular case. In The Rule of Rules Larry Alexander and Emily Sherwin examine this dilemma. Once the importance of this moral and practical conflict is acknowledged, the authors argue, authoritative rules become the central problems of jurisprudence. The inevitable gap between rules and background morality cannot be bridged, they claim, although many contemporary jurisprudential schools of thought are misguided attempts to do so. Alexander and Sherwin work through this dilemma, which lies at the heart of such ongoing jurisprudential controversies as how judges should reason in deciding cases, what effect should be given to legal precedent, and what status, if any, should be accorded to “legal principles.” In the end, their rigorous discussion sheds light on such topics as the nature of interpretation, the ancient dispute among legal theorists over natural law versus positivism, the obligation to obey law, constitutionalism, and the relation between law and coercion. Those interested in jurisprudence, legal theory, and political philosophy will benefit from the edifying discussion in The Rule of Rules.

A Treatise Of Legal Philosophy And General Jurisprudence

Author : Enrico Pattaro
ISBN : 9781402035050
Genre : Philosophy
File Size : 28. 10 MB
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This paperback edition of the first of the twelve volumes of A Treatises of Legal Philosophy and General Jurisprudence, serves as an introduction to the first-ever multivolume treatment of all important issues in legal philosophy and general jurisprudence, consisting of a five-volume theoretical part and a six-volume historical part. The theoretical part covers the main topics of contemporary debate. The historical volumes trace the development of legal thought from ancient Greek times through the twentieth century. All volumes are edited by the renowned theorist Enrico Pattaro.

Crime And Culpability

Author : Larry Alexander
ISBN : 9780521518772
Genre : Law
File Size : 33. 64 MB
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This book presents a comprehensive theory of a culpability-based criminal law.

Reasons And Intentions In Law And Practical Agency

Author : George Pavlakos
ISBN : 9781107070721
Genre : Law
File Size : 62. 3 MB
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A collection of new essays on the interplay between intentions and practical reasons in law and practical agency.

The Limits Of Liberty

Author : James M. Buchanan
ISBN : 0226078205
Genre : Business & Economics
File Size : 64. 42 MB
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"The Limits of Liberty is concerned mainly with two topics. One is an attempt to construct a new contractarian theory of the state, and the other deals with its legitimate limits. The latter is a matter of great practical importance and is of no small significance from the standpoint of political philosophy."—Scott Gordon, Journal of Political Economy James Buchanan offers a strikingly innovative approach to a pervasive problem of social philosophy. The problem is one of the classic paradoxes concerning man's freedom in society: in order to protect individual freedom, the state must restrict each person's right to act. Employing the techniques of modern economic analysis, Professor Buchanan reveals the conceptual basis of an individual's social rights by examining the evolution and development of these rights out of presocial conditions.

Michigan Law Review

Author :
ISBN : UOM:39015055369717
Genre : Law reviews
File Size : 25. 20 MB
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Beyond The Hipaa Privacy Rule

Author : Committee on Health Research and the Privacy of Health Information: The HIPAA Privacy Rule
ISBN : 9780309124997
Genre : Computers
File Size : 67. 60 MB
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In the realm of health care, privacy protections are needed to preserve patients' dignity and prevent possible harms. Ten years ago, to address these concerns as well as set guidelines for ethical health research, Congress called for a set of federal standards now known as the HIPAA Privacy Rule. In its 2009 report, Beyond the HIPAA Privacy Rule: Enhancing Privacy, Improving Health Through Research, the Institute of Medicine's Committee on Health Research and the Privacy of Health Information concludes that the HIPAA Privacy Rule does not protect privacy as well as it should, and that it impedes important health research.

Humanitarian Intervention

Author : J. L. Holzgrefe
ISBN : 052152928X
Genre : Law
File Size : 48. 65 MB
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An interdisciplinary approach to humanitarian intervention by experts in law, politics, and ethics.

Stages Of Capital

Author : Ritu Birla
ISBN : 9780822392477
Genre : History
File Size : 52. 68 MB
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In Stages of Capital, Ritu Birla brings research on nonwestern capitalisms into conversation with postcolonial studies to illuminate the historical roots of India’s market society. Between 1870 and 1930, the British regime in India implemented a barrage of commercial and contract laws directed at the “free” circulation of capital, including measures regulating companies, income tax, charitable gifting, and pension funds, and procedures distinguishing gambling from speculation and futures trading. Birla argues that this understudied legal infrastructure institutionalized a new object of sovereign management, the market, and along with it, a colonial concept of the public. In jurisprudence, case law, and statutes, colonial market governance enforced an abstract vision of modern society as a public of exchanging, contracting actors free from the anachronistic constraints of indigenous culture. Birla reveals how the categories of public and private infiltrated colonial commercial law, establishing distinct worlds for economic and cultural practice. This bifurcation was especially apparent in legal dilemmas concerning indigenous or “vernacular” capitalists, crucial engines of credit and production that operated through networks of extended kinship. Focusing on the story of the Marwaris, a powerful business group renowned as a key sector of India’s capitalist class, Birla demonstrates how colonial law governed vernacular capitalists as rarefied cultural actors, so rendering them illegitimate as economic agents. Birla’s innovative attention to the negotiations between vernacular and colonial systems of valuation illustrates how kinship-based commercial groups asserted their legitimacy by challenging and inhabiting the public/private mapping. Highlighting the cultural politics of market governance, Stages of Capital is an unprecedented history of colonial commercial law, its legal fictions, and the formation of the modern economic subject in India.

The Immortal Life Of Henrietta Lacks

Author : Rebecca Skloot
ISBN : 9781400052189
Genre : Biography & Autobiography
File Size : 53. 4 MB
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Documents the story of how scientists took cells from an unsuspecting descendant of freed slaves and created a human cell line that has been kept alive indefinitely, enabling discoveries in such areas as cancer research, in vitro fertilization and gene mapping. Includes reading-group guide. Reprint. A best-selling book.

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