Download e-book for kindle: A Companion to Philosophy of Law and Legal Theory by Dennis Patterson

By Dennis Patterson

ISBN-10: 1405170069

ISBN-13: 9781405170062

The articles during this re-creation of A better half to Philosophy of legislation and felony concept were up-to-date all through, and the addition of ten new articles guarantees that the amount maintains to provide the main updated insurance of  present pondering in criminal philosophy.

  • Represents the definitive instruction manual of philosophy of legislation and modern criminal idea, necessary to someone with an curiosity in felony philosophy
  • Now good points ten fullyyt new articles, protecting the parts of hazard, regulatory thought, method, overcriminalization, goal, coercion, unjust enrichment, the guideline of legislations, legislations and society, and Kantian felony philosophy
  • Essays are written through a world crew of best scholars

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

Example text

When this is the case, it is possible to view expectation damages as compensatory. For example, where a contract of exchange is affected under perfectly competitive market conditions, the value promised under the agreement can equal the value of an alternative exchange which the promisee did not make in reliance on the promisor.

If private property involves the wiser and more efficient use of resources, it is because someone has exercised virtues of prudence, industry, and self-restraint. People who languish in poverty, on this account, do so largely because of their idleness, profligacy, or want of initiative. Now, theories like this are easily discredited if they purport to justify the actual distribution of wealth under an existing private property economy (Nozick, 1974, pp. 158–9; Hayek, 1976). But there is a more modest position that desert theorists can adopt: namely, that private property alone offers a system in which idleness is not rewarded at the expense of industry, a system in which those who take on the burdens of prudence and productivity can expect to reap some reward for their virtue, which distinguishes them from those who did not make any such effort.

Lockean property is established in the state of nature, and even though later inequality is ratified by consent, the consent in question has nothing to do with the social contract or the invention of government. Accordingly, when positive law does come into existence, it finds a set of individual entitlements already in existence, and a bunch of prickly citizens who are willing to fight for the proposition that the task of government is to protect their property rights, not to reconstitute or redistribute them.

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

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