[PDF] The Expressive Powers Of Law eBook

Author : Richard H. McAdams
Publisher : Harvard University Press
Page : 335 pages
File Size : 14,40 MB
Release : 2015-02-09
Category : Law
ISBN : 0674967208

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When asked why people obey the law, legal scholars usually give two answers. Law deters illicit activities by specifying sanctions, and it possesses legitimate authority in the eyes of society. Richard McAdams shifts the prism on this familiar question to offer another compelling explanation of how the law creates compliance: through its expressive power to coordinate our behavior and inform our beliefs. “McAdams’s account is useful, powerful, and—a rarity in legal theory—concrete...McAdams’s treatment reveals important insights into how rational agents reason and interact both with one another and with the law. The Expressive Powers of Law is a valuable contribution to our understanding of these interactions.” —Harvard Law Review “McAdams’s analysis widening the perspective of our understanding of why people comply with the law should be welcomed by those interested either in the nature of law, the function of law, or both...McAdams shows how law sometimes works by a power of suggestion. His varied examples are fascinating for their capacity both to demonstrate and to show the limits of law’s expressive power.” —Patrick McKinley Brennan, Review of Metaphysics

Author : Richard H. McAdams
Publisher : Harvard University Press
Page : 335 pages
File Size : 33,39 MB
Release : 2015-02-09
Category : Language Arts & Disciplines
ISBN : 0674046927

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Why do people obey the law? Law deters crime by specifying sanctions, and because people internalize its authority. But Richard McAdams says law also generates compliance through its expressive power to coordinate behavior (traffic laws) and inform beliefs (smoking bans)—that is, simply by what it says rather than what it sanctions.

Author : Richard H. McAdams
Publisher : Harvard University Press
Page : 0 pages
File Size : 41,82 MB
Release : 2017-03-20
Category : Law
ISBN : 9780674975484

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When asked why people obey the law, legal scholars usually give two answers. Law deters illicit activities by specifying sanctions, and it possesses legitimate authority in the eyes of society. Richard McAdams shifts the prism on this familiar question to offer another compelling explanation of how the law creates compliance: through its expressive power to coordinate our behavior and inform our beliefs. “McAdams’s account is useful, powerful, and—a rarity in legal theory—concrete...McAdams’s treatment reveals important insights into how rational agents reason and interact both with one another and with the law. The Expressive Powers of Law is a valuable contribution to our understanding of these interactions.” —Harvard Law Review “McAdams’s analysis widening the perspective of our understanding of why people comply with the law should be welcomed by those interested either in the nature of law, the function of law, or both...McAdams shows how law sometimes works by a power of suggestion. His varied examples are fascinating for their capacity both to demonstrate and to show the limits of law’s expressive power.” —Patrick McKinley Brennan, Review of Metaphysics

Author : Frederick Schauer
Publisher : Harvard University Press
Page : 256 pages
File Size : 16,63 MB
Release : 2015-02-10
Category : Business & Economics
ISBN : 0674368215

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Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law

Author : E. Adamson Hoebel
Publisher : Harvard University Press
Page : 372 pages
File Size : 38,36 MB
Release : 2009-07
Category : Law
ISBN : 9780674038707

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This classic work in the anthropology of law offers ambitiously conceived analyses of the fundamental rights and duties treated as law among nonliterate peoples. The heart of the book is an analysis of the law of five societies: the Eskimo; the Ifugao; the Comanche, Kiowa, and Cheyenne tribes; the Trobriand Islanders; and the Ashanti.

Author : Lawrence M. Friedman
Publisher : Harvard University Press
Page : 328 pages
File Size : 14,35 MB
Release : 2016-09-19
Category : Law
ISBN : 0674971051

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Under what conditions are laws and rules effective? Lawrence M. Friedman gathers findings from many disciplines into one overarching analysis and lays the groundwork for a cohesive body of work in “impact studies.” He examines the importance of communication on the part of lawgivers and the nuances of motive among those subject to the law.

Author : Philip Hamburger
Publisher : Harvard University Press
Page : 712 pages
File Size : 20,12 MB
Release : 2008-11
Category : Business & Economics
ISBN : 9780674031319

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Hamburger traces the early history of what is today called “judicial review.” The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent.

Author : Richard A. Posner
Publisher : Harvard University Press
Page : 474 pages
File Size : 13,27 MB
Release : 2004-03
Category : Business & Economics
ISBN : 9780674013605

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The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies. Judge Richard Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier.

Author : Ronald Dworkin
Publisher : OUP Oxford
Page : 438 pages
File Size : 33,13 MB
Release : 1999
Category : Law
ISBN : 0198265573

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Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.

Author : Richard A. Posner
Publisher : Harvard University Press
Page : 423 pages
File Size : 29,81 MB
Release : 2013-10-07
Category : Law
ISBN : 0674184653

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In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers. For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.