A Companion to Philosophy of Law and Legal Theory - download pdf or read online

By Dennis Patterson

ISBN-10: 1405170069

ISBN-13: 9781405170062

The articles during this new version of A spouse to Philosophy of legislation and felony conception were up-to-date all through, and the addition of ten new articles guarantees that the amount maintains to supply the main up to date assurance of  present pondering in criminal philosophy.

  • Represents the definitive guide of philosophy of legislation and modern felony thought, precious to somebody with an curiosity in criminal philosophy
  • Now good points ten completely new articles, protecting the components of threat, regulatory conception, method, overcriminalization, goal, coercion, unjust enrichment, the guideline of legislations, legislations and society, and Kantian felony philosophy
  • Essays are written by way of a world workforce of prime scholars

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It is, rather, Fuller’s puzzlement over the rational basis of expectation damages and his effort to make sense of them that give the piece genuine theoretical significance (Fuller & Perdue, 1936, pp. 52–66). In the face of the (still) prevailing view in law and legal scholarship that a promisee’s entitlement to sue for expectation damages is a ruling and a just principle, Fuller contends that “it is as a matter of fact no easy thing to explain” why recovery of the expectancy should be the normal rule of contract damages.

After rejecting a variety of possible justifications for the expectation measure, Fuller and Perdue (1936, pp. 60–3) proposed what they called a “juristic” explanation: awarding expectation damages is justified as a means of curing and preventing reliance 32 contract losses and of facilitating general reliance on business agreements. Fuller himself made explicit the implications and the limits of the proposed explanation. First and foremost, the expectation measure of damages (the value of the promised performance) is no longer justified as a way of protecting the expectation interest (which aims to put the promisee in the position he would have been in had the promise been performed).

The idea is not that everyone – rich and poor – should simply turn over their possessions to whatever band of robbers or vanguard party parades itself as the government. It is rather that the idea of a legitimate set of property rights is inseparable from the notion of a genuine social union in which people address the issue of resources together as free and equal individuals. What this actually yields in the way of an assignment of resources to individuals is a matter of the distributive principles that survive the test (actual or hypothetical) of ratification by the general will.

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

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