Practical Reason and Norms focuses on three problems: In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? All three questions are answered by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity. Rules are a structure of reasons to perform the required act and an exclusionary reason not to follow some competing reasons. Exclusionary reasons are explained, and used to unlock the secrets of orders, promises, and decisions as well as rules. Games are used to exemplify normative systems. Inevitably, the analysis extends to some aspects of normative discourse, which is truth-apt, but with a diminished assertoric force.
""Blood Feud" rivals "A Civil Action" for best non-fiction book of the past twenty years." -- John Lescroart, "New York Times" bestselling author of "Damage" Procrit seemed like a biotech miracle, promising a golden age in medical care. Developed in the 1980s by Amgen and licensed to the pharmaceutical giant, Johnson & Johnson, the drug (AKA Epogen and Aranesp) soon generated billions in annual revenue--and still does. Mark Duxbury was a J&J salesman who believed in the blood-booster, setting record sales and winning company awards. Then Duxbury started to learn unsavory truths about Procrit and J&J's business practices. He was fired and filed a whistleblower suit to warn the public. When Jan Schlichtman ("A Civil Action") learned of Duxbury's crusade, he signed on. Now, he's fighting on behalf of cancer patients and for every American who trusts Big Pharma with his life.
Asymmetric conflict is changing the way that we practise and think about war. Torture, rendition, assassination, blackmail, extortion, direct attacks on civilians, and chemical weapons are all finding their way to the battlefield despite longstanding international prohibitions. This book offers a practical guide for policy makers, military officers, students, and others who ask such questions as: Do guerillas deserve respect or long jail sentences? Are there grounds to torture guerillas for information or assassinate them on the battlefield? Is there room for nonlethal weapons to subdue militants and safeguard the lives of noncombatants? Who are noncombatants in asymmetric war? What is the status of civilians who shelter and aid guerillas? And, do guerillas have any right to attack civilians, particularly those who aid and shelter members of the stronger army? If one side can expand the scope of civilian vulnerability, then why can't the other?
Contemporary law and public policy often treat human beings as selfish creatures who respond only to punishments and rewards. Yet every day, we behave unselfishly - few of us mug the elderly or steal the paper from our neighbor's yard, and many of us go out of our way to help strangers. We nevertheless overlook our own good behavior and fixate on the bad things people do and how we can stop them. In this pathbreaking book, acclaimed law and economics scholar Lynn Stout argues that this focus neglects the crucial role our better impulses could play in society. Rather than lean on the power of greed to shape laws and human behavior, Stout contends that we should rely on the force of conscience. Stout makes the compelling case that conscience is neither a rare nor quirky phenomenon, but a vital force woven into our daily lives. Drawing from social psychology, behavioral economics, and evolutionary biology, Stout demonstrates how social cues - instructions from authorities, ideas about others' selfishness and unselfishness, and beliefs about benefits to others - have a powerful role in triggering unselfish behavior. Stout illustrates how our legal system can use these social cues to craft better laws that encourage more unselfish, ethical behavior in many realms, including politics and business. Stout also shows how our current emphasis on self-interest and incentives may have contributed to the catastrophic political missteps and financial scandals of recent memory by encouraging corrupt and selfish actions, and undermining society's collective moral compass. This book proves that if we care about effective laws and civilized society, the powers of conscience are simply too important for us to ignore.
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In Fiduciary Law, Tamar Frankel examines the structure, principles, themes, and objectives of fiduciary law. Fiduciaries, which include corporate managers, money managers, lawyers, and physicians among others, are entrusted with money or power. Frankel explains how fiduciary law is designed to offer protection from abuse of this method of safekeeping. She deals with fiduciaries in general, and identifies situations in which fiduciary law falls short of offering protection. Frankel analyzes fiduciary debates, and argues that greater preventive measures are required. She offers guidelines for determining the boundaries and substance of fiduciary law, and discusses how failure to enforce fiduciary law can contribute to failing financial and economic systems. Frankel offers ideas and explanations for the courts, regulators, and legislatures, as well as the fiduciaries and entrustors. She argues for strong legal protection against abuse of entrustment as a means of encouraging fiduciary services in society. Fiduciary Law can help lawyers and policy makers designing the future law and the systems that it protects.
Anthony Kronman describes a spiritual crisis affecting the American legal profession, and attributes it to the collapse of what he calls the ideal of the lawyer-statesman: a set of values that prizes good judgment above technical competence and encourages a public-spirited devotion to the law. For nearly two centuries, Kronman argues, the aspirations of American lawyers were shaped by their allegiance to a distinctive ideal of professional excellence. In the last generation, however, this ideal has failed, undermining the identity of lawyers as a group and making it unclear to those in the profession what it means for them personally to leave chosen a life in the law. A variety of factors have contributed to the declining prestige of prudence and public-spiritedness within the legal profession. Partly, Kronman asserts, it is the result of the triumph, in legal thought, of a counterideal that denigrates the importance of wisdom and character as professional virtues. Partly, it is due to an array of institutional forces, including the explosive growth of the country's leading law firms and the bureaucratization of our courts. The Lost Lawyer examines each of these developments and illuminates their common tendency to compromise the values from which the ideal of the lawyer-statesman draws strength. It is the most important critique of the American legal profession in some time, and an enduring restatement of its ideals.
An always engaging, often persuasive mix of the particular and general, leavening and defending the more abstract claims with choice case studies (Christopher Belshaw, Times Higher Education )
Eloquent and extremely thought-provoking ... astonishingly free of sentimentality while still brimming with passion. (Steve Donoghue, Open Letters Monthly )
deeply serious and brilliantly written ... Zoopolis is in fact a courageous book and an intellectual tour de force. It is the most important philosophical work on human-animal relationships since Singer's Animal Liberation ... an inspiration to those people who want to change how humans treat animals (Richard Keshen, Literary Review of Canada )
An impassioned and incisive investigation into the many shortcomings of the justice system brought to light in the story of a grievously mishandled murder case in South Carolina that left an innocent man facing execution. At the age of twenty-three, Edward Lee Elmore, a black man, was arrested after the body of a white widow was found, brutally beaten, in the closet of her home. Elmore was an unlikely killer: semiliterate, mentally retarded with a fifth-grade education, gentle and loving with his family. His connection to the victim was minimal, but barely ninety days after the victim's body was found, he was tried, convicted, and sentenced to death. Raymond Bonner gives us an exhaustive account of the particulars of racism, prosecutorial misconduct, inept defense lawyers, and injustice in Elmore's case, which, the author makes clear, occur in courts throughout America. He carefully examines each stage of the initial trial--jury selection, the role of the lawyers and judge, the appeal process--and introduces us to the spirited young female lawyer who, for two decades, fought to get Elmore a fair trial. Powerfully suspenseful and moving, often enraging, "Anatomy of Injustice "will be a vital contribution to our nation's ongoing, increasingly vehement debate about justice and inequality.
Should laws about sex and pornography be based on social conventions about what is disgusting? Should felons be required to display bumper stickers or wear T-shirts that announce their crimes? This powerful and elegantly written book, by one of America's most influential philosophers, presents a critique of the role that shame and disgust play in our individual and social lives and, in particular, in the law. Martha Nussbaum argues that we should be wary of these emotions because they are associated in troubling ways with a desire to hide from our humanity, embodying an unrealistic and sometimes pathological wish to be invulnerable. Nussbaum argues that the thought-content of disgust embodies 'magical ideas of contamination, and impossible aspirations to purity that are just not in line with human life as we know it.'She argues that disgust should never be the basis for criminalizing an act, or play either the aggravating or the mitigating role in criminal law it currently does. She writes that we should be similarly suspicious of what she calls 'primitive shame,' a shame 'at the very fact of human imperfection,' and she is harshly critical of the role that such shame plays in certain punishments. Drawing on an extraordinarily rich variety of philosophical, psychological, and historical references - from Aristotle and Freud to Nazi ideas about purity - and on legal examples as diverse as the trials of Oscar Wilde and the Martha Stewart insider trading case, this is a major work of legal and moral philosophy.
Should Trees Have Standing?: Law, Morality, and the Environment 
