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 new version of A better half to Philosophy of legislation and felony conception were up-to-date all through, and the addition of ten new articles guarantees that the quantity maintains to provide the main up to date insurance of  present considering in felony philosophy.

  • Represents the definitive guide of philosophy of legislations and modern felony thought, priceless to someone with an curiosity in felony philosophy
  • Now gains ten completely new articles, overlaying the parts of possibility, regulatory thought, technique, overcriminalization, purpose, coercion, unjust enrichment, the guideline of legislations, legislations and society, and Kantian criminal philosophy
  • Essays are written by way of a world crew of best scholars

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Comparing England, whose commons were swiftly being enclosed by private owners, to precolonial America, where the natives continued to enjoy universal common access to land, Locke speculated that “a King of a large and fruitful Territory there [that is, in America] feeds, lodges, and is clad worse than a day Labourer in England” (Locke, [1690] 1988, p. 297). The laborer may not own anything, but his standard of living 17 jeremy waldron is higher on account of the employment prospects that are offered in a prosperous privatized economy.

That is, the utilitarian may defend private property using purely 18 property law aggregative measures of output and prosperity. Philosophically, however, this sort of hard line is quite disreputable (Rawls, 1971, pp. 22–33; Nozick, 1974, pp. 32–3): if we take the individual rather than a notional entity like “the social good” as the focal point of moral justification, then there ought to be something we can say to each individual about why the institution we are defending is worthy of his or her support.

Anarchy, State and Utopia. Oxford: Basil Blackwell. 27 jeremy waldron Rawls, J. 1971. A Theory of Justice. Oxford: Oxford University Press. -J. [1762] 1973. The Social Contract and Discourses, tr. G. D. H. Cole. London: J. M. Dent & Sons. Ryan, A. 1984. Property and Political Theory. Oxford: Basil Blackwell. Waldron, J. 1986. The Right to Private Property. Oxford: Clarendon Press. 28 2 Contract PETER BENSON Introduction Contemporary contract theory is characterized by the following paradoxical situation.

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

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