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Author: Leo Katz
Publisher: University of Chicago Press
ISBN: 0226426033
Category : Law
Languages : en
Pages : 253
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Book Description
"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
Author: Leo Katz
Publisher: University of Chicago Press
ISBN: 0226426033
Category : Law
Languages : en
Pages : 253
Get Book Here
Book Description
"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
Author: Leo Katz
Publisher: University of Chicago Press
ISBN: 9780226425948
Category : Business & Economics
Languages : en
Pages : 330
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Book Description
Ultimately, Katz argues, the law, as well as our conscience, is surprisingly uninterested in final outcomes and astonishingly sensitive to how we get there, which is why sins of commission are so much more weighty than sins of omission.
Author: Leo Katz
Publisher: University of Chicago Press
ISBN: 0226426068
Category : Law
Languages : en
Pages : 252
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Book Description
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.
Author: Lawrence M. Solan
Publisher: University of Chicago Press
ISBN: 0226767876
Category : Law
Languages : en
Pages : 301
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Book Description
Why do so many people voluntarily consent to searches by have the police search their person or vehicle when they know that they are carrying contraband or evidence of illegal activity? Does everyone understand the Miranda warning? How well can people recognize a voice on tape? Can linguistic experts identify who wrote an anonymous threatening letter? Speaking of Crime answers these questions and examines the complex role of language within our criminal justice system. Lawrence M. Solan and Peter M. Tiersma compile numerous cases, ranging from the Lindbergh kidnapping to the impeachment trial of Bill Clinton to the JonBenét Ramsey case, that provide real-life examples of how language functions in arrests, investigations, interrogations, confessions, and trials. In a clear and accessible style, Solan and Tiersma show how recent advances in the study of language can aid in understanding how legal problems arise and how they might be solved. With compelling discussions current issues and controversies, this book is a provocative state-of-the-art survey that will be of enormous value to legal scholars and professionals throughout the criminal justice system.
Author: Arthur M. Melzer
Publisher: University of Chicago Press
ISBN: 022617512X
Category : Philosophy
Languages : en
Pages : 472
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Book Description
“Shines a floodlight on a topic that has been cloaked in obscurity . . . a landmark work in both intellectual history and political theory” (The Wall Street Journal). Philosophical esotericism—the practice of communicating one’s unorthodox thoughts “between the lines”—was a common practice until the end of the eighteenth century. Despite its long and well-documented history, however, esotericism is often dismissed today as a rare occurrence. But by ignoring esotericism, we risk cutting ourselves off from a full understanding of Western philosophical thought. Walking readers through both an ancient (Plato) and a modern (Machiavelli) esoteric work, Arthur M. Melzer explains what esotericism is—and is not. It relies not on secret codes, but simply on a more intensive use of familiar rhetorical techniques like metaphor, irony, and insinuation. Melzer explores the various motives that led thinkers in different times and places to engage in this strange practice, while also exploring the motives that lead more recent thinkers not only to dislike and avoid this practice but to deny its very existence. In the book’s final section, “A Beginner’s Guide to Esoteric Reading,” Melzer turns to how we might once again cultivate the long-forgotten art of reading esoteric works. The first comprehensive, book-length study of the history and theoretical basis of philosophical esotericism, Philosophy Between the Lines is “a treasure-house of insight and learning. It is that rare thing: an eye-opening book . . . By making the world before Enlightenment appear as strange as it truly was, [Melzer] makes our world stranger than we think it is” (George Kateb, Professor of Politics, Emeritus, at Princeton University). “Brilliant, pellucid, and meticulously researched.” —City Journal
Author: Constantinos E. Scaros
Publisher: Cengage Learning
ISBN: 9781418032593
Category : Aliens
Languages : en
Pages : 0
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Book Description
Learning about Immigration Law, third edition, is the most up-to-date immigration law book available and takes into account all of the changes made in immigration law since September 11, 2001. The text offers real-life examples that make the material come alive for the student and walks the student through the entire background, process, and tools essential for a legal professionals mastery of immigration law. The text is designed for everyone from experienced legal professionals to those who have no formal knowledge of the law. This book also shows the average consumer how to help a friend, neighbor, or family member with immigration law questions or concerns. It assumes no previous knowledge and works as an instructional manual discussing immigration law. There is an Appendix A that provides American Citizenship Preparation guidelines with practice questions and an Appendix B that includes the most common forms used in immigration matters. The text also discusses new procedural and substantive laws with detailed explanations about why these laws were created in the aftermath of 9/11. The text takes a complex subject and breaks it down into simple terms. It makes the immigration law experience up-to-date, complete, and enjoyable.
Author: Paul H. Robinson
Publisher: U of Nebraska Press
ISBN: 1612347320
Category : History
Languages : en
Pages : 360
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Book Description
It has long been held that humans need government to impose social order on a chaotic, dangerous world. How, then, did early humans survive on the Serengeti Plain, surrounded by faster, stronger, and bigger predators in a harsh and forbidding environment? Pirates, Prisoners, and Lepers examines an array of natural experiments and accidents of human history to explore the fundamental nature of how human beings act when beyond the scope of the law. Pirates of the 1700s, the leper colony on Molokai Island, prisoners of the Nazis, hippie communes of the 1970s, shipwreck and plane crash survivors, and many more diverse groups—they all existed in the absence of formal rules, punishments, and hierarchies. Paul and Sarah Robinson draw on these real-life stories to suggest that humans are predisposed to be cooperative, within limits. What these “communities” did and how they managed have dramatic implications for shaping our modern institutions. Should today’s criminal justice system build on people’s shared intuitions about justice? Or are we better off acknowledging this aspect of human nature but using law to temper it? Knowing the true nature of our human character and our innate ideas about justice offers a roadmap to a better society.
Author: University of Chicago Law Review
Publisher: Quid Pro Books
ISBN: 1610278909
Category : Law
Languages : en
Pages : 490
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Book Description
A leading law review offers a quality ebook edition. This fourth issue of 2012 features articles from internationally recognized legal scholars, and extensive research in Comments authored by University of Chicago Law School students. Contents for the issue are: ARTICLES: -- Elected Judges and Statutory Interpretation, by Aaron-Andrew P. Bruhl & Ethan J. Leib -- Delegation in Immigration Law, by Adam B. Cox & Eric A. Posner -- What If Religion Is Not Special?, by Micah Schwartzman COMMENTS: -- A Common Law Approach to D&O Insurance “In Fact” Exclusion Disputes -- Taming the Hydra: Prosecutorial Discretion under the Acceptance of Responsibility Provision of the US Sentencing Guidelines -- Are Railroads Liable When Lightning Strikes? -- Who’s Allowed to Kill the Radio Star? Forfeiture Jurisdiction under the Communications Act -- Federal Diversity Jurisdiction and American Indian Tribal Corporations -- The Right to Trial by Jury under the WARN Act The issue also includes a Review Essay by Saul Levmore, analyzing the Public Choice implications of "Why the Law Is So Perverse" by Leo Katz In the eBook edition, Tables of Contents are active, including those for individual articles; footnotes are fully linked and properly numbered; graphs and figures are reproduced legibly; URLs in footnotes are active; and proper eBook formatting is used.
Author: Peter Marcuse
Publisher: Verso Books
ISBN: 1804294942
Category : Political Science
Languages : en
Pages : 257
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Book Description
In every major city in the world there is a housing crisis. How did this happen and what can we do about it? Everyone needs and deserves housing. But today our homes are being transformed into commodities, making the inequalities of the city ever more acute. Profit has become more important than social need. The poor are forced to pay more for worse housing. Communities are faced with the violence of displacement and gentrification. And the benefits of decent housing are only available for those who can afford it. In Defense of Housing is the definitive statement on this crisis from leading urban planner Peter Marcuse and sociologist David Madden. They look at the causes and consequences of the housing problem and detail the need for progressive alternatives. The housing crisis cannot be solved by minor policy shifts, they argue. Rather, the housing crisis has deep political and economic roots—and therefore requires a radical response.
Author: W. Bradley Wendel
Publisher: Princeton University Press
ISBN: 0691156212
Category : Law
Languages : en
Pages : 300
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Book Description
Even lawyers who obey the law often seem to act unethically--interfering with the discovery of truth, subverting justice, and inflicting harm on innocent people. Standard arguments within legal ethics attempt to show why it is permissible to do something as a lawyer that it would be wrong to do as an ordinary person. But in the view of most critics these arguments fail to turn wrongs into rights. Even many lawyers think legal ethics is flawed because it does not accurately describe the considerable moral value of their work. In Lawyers and Fidelity to Law, Bradley Wendel introduces a new conception of legal ethics that addresses the concerns of lawyers and their critics alike. Wendel proposes an ethics grounded on the political value of law as a collective achievement that settles intractable conflicts, allowing people who disagree profoundly to live together in a peaceful, stable society. Lawyers must be loyal and competent client representatives, Wendel argues, but these obligations must always be exercised within the law that constitutes their own roles and confers rights and duties upon their clients. Lawyers act unethically when they treat the law as an inconvenient obstacle to be worked around and when they twist and distort it to help their clients do what they are not legally entitled to do. Lawyers and Fidelity to Law challenges lawyers and their critics to reconsider the nature and value of ethical representation.
