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Moral Puzzles and Legal Perplexities: Essays on the Influence of Larry Alexander

Moral Puzzles and Legal Perplexities: Essays on the Influence of Larry Alexander

  • 作者:
  • 出版商: Cambridge University Press
  • ISBN: 9781316649954
  • 出版时间 August 2019
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781316510452
¥512.30
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  • 描述 
  • 大纲 
  • 详细

    Drawing inspiration from the profoundly influential work of legal theorist Larry Alexander, this volume tackles central questions in criminal law, constitutional law, jurisprudence, and moral philosophy.

    What are the legitimate conditions of blame and punishment? What values are at the heart of constitutional protections against discrimination or infringements of free speech? Must judges interpret statutes and constitutional provisions in ways that comport with the intentions of those who wrote them? Can the law obligate us to violate the demands of morality, and when can the law allow the rights of the few to be violated for the good of the many?

    This collection of essays by world-renowned legal theorists is for anyone interested in foundational questions about the law's authority, the conditions of its fair application to citizens, and the moral justifications of the rights, duties, and permissions that it protects.

    • Illuminates puzzles that Larry Alexander identified concerning the legitimacy of criminal punishment and the conditions of criminal responsibility
    • Canvasses core problems that Larry Alexander located within constitutional law and theory
    • Explores Larry Alexander's famous theory that law cannot possess the authority that it needs to claim in order to be action guiding
  • 1. Introduction: Larry Alexander Heidi M. Hurd

    Part I. Puzzles in Criminal Law:
    2. Kinds of punishment Douglas Husak
    3. Partial responsibility and excuse David O. Brink
    4. 'Thank God I Failed' R. A. Duff
    5. Does duress justify or excuse? The significance of Larry Alexander's ambivalence Peter Westen
    6. Alternative lesser evils Gideon Yaffe

    Part II. Problems in Constitutional Law:
    7. Justifying academic freedom: Mill and Marcuse revisited Brian Leiter
    8. Vindicating judicial supremacy Laurence Claus
    9. Alexander's 'simple-minded originalism' Connie S. Rosati
    10. Subjective versus objective intentionalism in legal interpretation Jeffrey Goldsworthy
    11. Simple-minded originalism? Simply wrong! Lawrence B. Solum
    12. Intentions in tension Frederick Schauer
    13. Alexander's constitutionalism: a qualified defense Alon Harel

    Part III. Perplexities in Jurisprudence:
    14. For legal principles Mitchell N. Berman
    15. The court, or the constitution? William Baude
    16. Alexander as anarchist Steven D. Smith
    17. Exclusionary rules Emily Sherwin
    18. Larry Alexander and 'The Gap' Leo Katz and Alvaro Sandroni

    Part IV. Paradoxes in Moral Philosophy:
    19. Respect and discrimination Kasper Lippert-Rasmussen
    20. The means principle and optimific wrongs Kimberly Kessler Ferzan
    21. Deontology's travails Richard Arneson
    22. The rationality of threshold deontology Michael S. Moore
    23. Real-world criminal law and the norm against punishing the innocent: two cheers for threshold deontology Kevin Cole
    24. Appreciation and responses Larry Alexander.

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