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Ethics beyond Species and beyond Instincts: A Response to Richard Posner

Peter Singer

in Animal Rights: Current Debates and New Directions

Published in print:
2005
Published Online:
March 2012
ISBN:
9780195305104
eISBN:
9780199850556
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195305104.003.0004
Subject:
Political Science, Environmental Politics

This chapter responds to Richard Posner's commentaries on the author's view animal rights. It answers the question concerning the reasons for changing the law to entitle animals, and discusses ... More


How the Chicago School Overshot the Mark: The Effect of Conservative Economic Analysis on U.S. Antitrust

Robert Pitofsky (ed.)

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195372823
eISBN:
9780199871773
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372823.001.0001
Subject:
Economics and Finance, Behavioural Economics

This book came about due to the growing concern that antitrust, a system of regulation that for over a century has had wide professional and public support, is under attack. The recent trend appears ... More


The Problem of Liability Rules: The Failings of Wealth Maximization as a Normative Ideal

Eric Rakowski

in Equal Justice

Published in print:
1993
Published Online:
October 2011
ISBN:
9780198240792
eISBN:
9780191680274
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198240792.003.0009
Subject:
Philosophy, Political Philosophy

This chapter explores a coherent, appealing theory of tort law by examining the most influential account of the normative foundations of wealth maximization, that of Richard Posner. This chapter's ... More


Pragmatism

Sotirios A. Barber and James E. Fleming

in Constitutional Interpretation: The Basic Questions

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195328578
eISBN:
9780199855339
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328578.003.0011
Subject:
Law, Constitutional and Administrative Law

Leading pragmatists including Stanley Fish and Richard Posner have argued that the philosophic approach is fruitless because moral philosophy is a fruitless activity; indeed, they have challenged the ... More


What Should We Do about Torture?

James Griffin

in Ethics and Humanity: Themes from the Philosophy of Jonathan Glover

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195325195
eISBN:
9780199776412
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195325195.003.0001
Subject:
Philosophy, Moral Philosophy, General

This chapter attempts to clarify the claim that there should be an absolute prohibition against torture. To clarify the claim, it is important to have a clear understanding of what we mean by ... More


Law’s Practical Theory

Joseph P. Tomain

in Creon's Ghost: Law, Justice, and the Humanities

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195333411
eISBN:
9780199868841
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195333411.003.0006
Subject:
Law, Philosophy of Law

This chapter examines Oliver Wendell Holmes Jr's speech, The Path of the Law. Holmes intended to be provocative in his speech when he wrote, “I often doubt whether it would not be a gain if every ... More


Efficiency, auction and exchange

Jules L. Coleman

in Markets, Morals, and the Law

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199253609
eISBN:
9780191719783
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253609.003.0003
Subject:
Law, Competition Law

This chapter distinguishes between Pareto optimality, Pareto superiority, and Kaldor-Hicks efficiency, and provides an extended discussion of the Coase theorem. One of the central claims in this ... More


Political Questions and the Hazards of Pragmatism

Jeffrey Rosen

in Bush v. Gore: The Question of Legitimacy

Published in print:
2002
Published Online:
October 2013
ISBN:
9780300093797
eISBN:
9780300127003
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300093797.003.0010
Subject:
Political Science, American Politics

This chapter traces the way the classical doctrine of principled restraint has been transformed into an invitation to judicial heroism. It challenges this new doctrine by confronting one of its ... More


Theoretical Implications

Jeffrey Brand-Ballard

in Limits of Legality: The Ethics of Lawless Judging

Published in print:
2010
Published Online:
September 2010
ISBN:
9780195342291
eISBN:
9780199867011
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342291.003.0017
Subject:
Philosophy, Political Philosophy

This chapter examines more restrictive theories of rule guidance, including those of legal formalists such as Larry Alexander and Frederick Schauer, and that of an exclusive positivist, Scott J. ... More


Can Sex Be Reasonable?

ROBERT P. GEORGE

in In Defense of Natural Law

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198267713
eISBN:
9780191683343
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267713.003.0017
Subject:
Law, Philosophy of Law

This chapter offers a critique from the natural law viewpoint of Richard Posner’s ‘economic analysis’ of sex in his book Sex and Reason. Posner recognizes the intellectual integrity and force of ... More


Corrective justice and wrongful gain

Jules L. Coleman

in Markets, Morals, and the Law

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199253609
eISBN:
9780191719783
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253609.003.0008
Subject:
Law, Competition Law

This chapter makes a distinction between two questions: what grounds a victim's claim to recovery, and what justifies holding an injurer liable for the harms his conduct occasions. That these two ... More


Pragmatism: Activism through Antitheory

J. Harvie Wilkinson

in Cosmic Constitutional Theory: Why Americans Are Losing Their Inalienable Right to Self-Governance

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199846016
eISBN:
9780190260040
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199846016.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter analyzes Judge Richard Posner's alternative view of pragmatic adjudication. It argues that his pragmatic alternative gives short shrift to the values of traditional adjudication. It is a ... More


Property Rights, Contract Rights, and Other Economic Rights

William J. Talbott

in Human Rights and Human Well-Being

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195173482
eISBN:
9780199872176
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195173482.003.0009
Subject:
Philosophy, Political Philosophy

This chapter uses the main principle to explain why economic rights should be regarded as human rights. Property rights, contract rights, and other economic rights are a solution to the productive ... More


The Role of the Courts & the Popular Jurisprudence of Counterterrorism

Robert H. Wagstaff

in Terror Detentions and the Rule of Law: US and UK Perspectives

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199301553
eISBN:
9780199344895
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199301553.003.0004
Subject:
Law, Public International Law, Comparative Law

Politicians, moral philosophers and lawyers have all addressed the question of what role the courts should play in the global war on terror. Opinions range from no role at all (John Yoo, Richard and ... More


A Justice, a Judge, a Philosopher, and an English Professor

Bradin Cormack, Martha C. Nussbaum, and Richard Strier

in Shakespeare and the Law: A Conversation among Disciplines and Professions

Published in print:
2013
Published Online:
September 2013
ISBN:
9780226924939
eISBN:
9780226924946
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226924946.003.0016
Subject:
Literature, Shakespeare Studies

This chapter is a transcript of a conference that took place at the University of Chicago Law School in May of 2009. Springing from a seminar of Shakespeare and the law taught by Richard Posner, ... More


Intention and the Allocation of Risk

Neil M. Gorsuch

in Reason, Morality, and Law: The Philosophy of John Finnis

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199675500
eISBN:
9780191757228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199675500.003.0026
Subject:
Law, Philosophy of Law

In this chapter, originally delivered as a speech, Judge Neil Gorsuch discusses Finnis' gifts and generosity as a teacher before turning to examine his contributions to our understanding of the legal ... More


Crimes, kickers and transaction structures

Jules L. Coleman

in Markets, Morals, and the Law

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199253609
eISBN:
9780191719783
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253609.003.0006
Subject:
Law, Competition Law

This chapter asks why it is necessary to have a criminal law at all — a question philosophers of law have largely ignored. Critics are quick to dismiss forms of strict liability as morally ... More


Introduction

in Constitutional Conscience: The Moral Dimension of Judicial Decision

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226677255
eISBN:
9780226677309
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226677309.003.0001
Subject:
Law, Constitutional and Administrative Law

In Marbury v. Madison, Chief Justice John Marshall justified the judiciary's exercising the authority to disregard a statutory command when, in the judges' opinion, that command contravenes the ... More


The Democratic Constitution: Experimentalism and Interpretation

Brian E. Butler

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226474502
eISBN:
9780226474649
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226474649.001.0001
Subject:
Law, Constitutional and Administrative Law

This book takes the greatest democratic challenge for law to be the virtually unquestioned belief in the need for judicial supremacy in constitutional interpretation in order to protect society from ... More


Venus in Robes: RICHARD POSNER (1992), Sex and Reason

Martha C. Nussbaum

in Philosophical Interventions: Reviews 1986-2011

Published in print:
2012
Published Online:
May 2015
ISBN:
9780199777853
eISBN:
9780190267612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199777853.003.0008
Subject:
Philosophy, General

This chapter reviews the book Sex and Reason (1992), by Richard Posner. Sex is ubiquitous in American courts, as it is in American life. Judges must deal with it in civil, criminal, and ... More


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