The Logic of Consent
The Logic of Consent

Author: Peter Westen

Publisher: Routledge

Published: 2017-03-02

Total Pages: 417

ISBN-13: 1351886487

DOWNLOAD EBOOK

The Logic of Consent analyzes the varied nature of consent arguments in criminal law and examines the confusions that commonly arise from the failure of legislatures, courts and commentators to understand them. Peter Westen skillfully argues that the conceptual aspect accounts for a significant number of the difficulties that legislatures, courts and scholars have with consent in criminal cases; he observes that consent masquerades as a single kind of event when, in reality, it refers to diverse and sometimes mutually exclusive kinds of events. Specifically, consent is used in law to refer to three pairs of contrasting kinds of events: factual versus legal, attitudinal versus expressive, and prescriptive versus imputed. While Westen takes no position on whether the substance of existing defenses of consent in criminal law ought to be enlarged or reduced in scope, he examines each of these contrasting events and analyzes the normative confusions they produce.

The Oxford Handbook of Criminal Law
The Oxford Handbook of Criminal Law

Author: Markus D Dubber

Publisher: OUP Oxford

Published: 2014-11-27

Total Pages: 1294

ISBN-13: 0191654604

DOWNLOAD EBOOK

The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

The Calculus of Consent
The Calculus of Consent

Author: James M. Buchanan

Publisher: University of Michigan Press

Published: 1965

Total Pages: 388

ISBN-13: 9780472061006

DOWNLOAD EBOOK

A scientific study of the political and economic factors influencing democratic decision making

The Age of Consent
The Age of Consent

Author: George Monbiot

Publisher: HarperCollins UK

Published: 2010-05-27

Total Pages: 30

ISBN-13: 0007379544

DOWNLOAD EBOOK

A manifesto for a new world order.

Consent to Sexual Relations
Consent to Sexual Relations

Author: Alan Wertheimer

Publisher: Cambridge University Press

Published: 2003-09-18

Total Pages: 314

ISBN-13: 9780521536110

DOWNLOAD EBOOK

An important discussion of philosophical issues surrounding consent to sexual relations.

The Art of Logic in an Illogical World
The Art of Logic in an Illogical World

Author: Eugenia Cheng

Publisher: Basic Books

Published: 2018-09-11

Total Pages: 296

ISBN-13: 154167250X

DOWNLOAD EBOOK

How both logical and emotional reasoning can help us live better in our post-truth world In a world where fake news stories change election outcomes, has rationality become futile? In The Art of Logic in an Illogical World, Eugenia Cheng throws a lifeline to readers drowning in the illogic of contemporary life. Cheng is a mathematician, so she knows how to make an airtight argument. But even for her, logic sometimes falls prey to emotion, which is why she still fears flying and eats more cookies than she should. If a mathematician can't be logical, what are we to do? In this book, Cheng reveals the inner workings and limitations of logic, and explains why alogic -- for example, emotion -- is vital to how we think and communicate. Cheng shows us how to use logic and alogic together to navigate a world awash in bigotry, mansplaining, and manipulative memes. Insightful, useful, and funny, this essential book is for anyone who wants to think more clearly.

Legal Secrets
Legal Secrets

Author: Kim Lane Scheppele

Publisher: University of Chicago Press

Published: 1988-11-15

Total Pages: 392

ISBN-13: 9780226737782

DOWNLOAD EBOOK

Does the seller of a house have to tell the buyer that the water is turned off twelve hours a day? Does the buyer of a great quantity of tobacco have to inform the seller that the military blockade of the local port, which had depressed tobacco sales and lowered prices, is about to end? Courts say yes in the first case, no in the second. How can we understand the difference in judgments? And what does it say about whether the psychiatrist should disclose to his patient's girlfriend that the patient wants to kill her? Kim Lane Scheppele answers the question, Which secrets are legal secrets and what makes them so? She challenges the economic theory of law, which argues that judges decide cases in ways that maximize efficiency, and she shows that judges use equality as an important principle in their decisions. In the course of thinking about secrets, Scheppele also explores broader questions about judicial reasoning—how judges find meaning in legal texts and how they infuse every fact summary with the values of their legal culture. Finally, the specific insights about secrecy are shown to be consistent with a general moral theory of law that indicates what the content of law should be if the law is to be legitimate, a theory that sees legal justification as the opportunity to attract consent. This is more than a book about secrets. It is also a book about the limits of an economic view of law. Ultimately, it is a work in constructive legal theory, one that draws on moral philosophy, sociology, economics, and political theory to develop a new view of legal interpretation and legal morality.

The Logic of Liberal Rights
The Logic of Liberal Rights

Author: Eric Heinze

Publisher: Routledge

Published: 2004-02-24

Total Pages: 353

ISBN-13: 113441983X

DOWNLOAD EBOOK

The Logic of Liberal Rights uses basic logic to develop a model of argument presupposed in all disputes about civil rights and liberties. No prior training in logic is required, as each step is explained. This analysis does not merely apply general logic to legal arguments but is also specifically tailored to the issues of civil rights and liberties. It shows that all arguments about civil rights and liberties presuppose one fixed structure and that there can be no original argument in rights disputes, except within the confines of that structure. Concepts arising in disputes about rights, like 'liberal' or 'democratic', are not mere abstractions but have a fixed and precise character. This book integrates themes in legal theory, political science and moral philosophy, as well as the philosophy of logic and language. For the advanced scholar, the book provides a model presupposed by leading theoretical schools (liberal and critical, positivist and naturalist). For the student it provides a systematic theory of civil rights and liberties. Examples are drawn from the European Convention in Human Rights but no special knowledge of the Convention is assumed, as the issues analysed arise throughout the world. Such issues include problems of free speech, religious freedom, privacy, torture, unlawful detention and private property.

The Ethics of Consent
The Ethics of Consent

Author: Franklin Miller

Publisher: Oxford University Press

Published: 2009-10-30

Total Pages: 431

ISBN-13: 019971505X

DOWNLOAD EBOOK

Consent is a basic component of the ethics of human relations, making permissible a wide range of conduct that would otherwise be wrongful. Consent marks the difference between slavery and employment, permissible sexual relations and rape, borrowing or selling and theft, medical treatment and battery, participation in research and being a human guinea pig. This book assembles the contributions of a distinguished group of scholars concerning the ethics of consent in theory and practice. Part One addresses theoretical perspectives on the nature and moral force of consent, and its relationship to key ethical concepts, such as autonomy and paternalism. Part Two examines consent in a broad range of contexts, including sexual relations, contracts, selling organs, political legitimacy, medicine, and research.

Position and Change
Position and Change

Author: L. Lindahl

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 311

ISBN-13: 9401012024

DOWNLOAD EBOOK

The present study which I have subtitled A Study in Law and Logic was prompted by the question of whether an investigation into law and legal systems could lead to the discovery of unrevealed fundamental patterns common to all such systems. This question was further stimulated by two interrelated problems. Firstly, could an inquiry be rooted in specifically legal matters, as distinct from the more usual writings on deontic logic? Secondly, could such inquiry yield a theory which would nevertheless embrace a strict and simple logical structure, permitting substantive conclusions in legal matters to be deduced from simple rules governing some basic concepts? Before the development of deontic logic, W. N. Hohfeld devoted his efforts to this question at the beginning of this century. However, with this exception, few jurists have studied the interrelation between law and logic projected in this way. Nevertheless, two great names are to be found, Gottfried Wilhelm Leibniz and Jeremy Bentham-both philo sophers with legal as weIl as logical training. Bentham's investigations of logical patterns in law have only recently attracted attention; and as for Leibniz, his achievements are still almost totally unexplored (his most important writings on law and logic have not even been translated from Latin). My initial interest in the question was evoked by Professor Stig Kanger. Although primarily a logician and philosopher, Stig Kanger has been interested also in the fundamentals of legal theory.