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Autonomism

Berys Gaut

in Art, Emotion and Ethics

Published in print:
2007
Published Online:
September 2007
ISBN:
9780199263219
eISBN:
9780191718854
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199263219.003.0004
Subject:
Philosophy, Aesthetics

This chapter criticizes two kinds of autonomism. Radical autonomism holds that it makes no sense to evaluate artworks ethically. It is rejected by arguing that ethical evaluation of an artwork is ... More


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


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


Alternative Theories of Criminalization

Douglas Husak

in Overcriminalization: The Limits of the Criminal Law

Published in print:
2007
Published Online:
January 2008
ISBN:
9780195328714
eISBN:
9780199869947
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328714.003.0004
Subject:
Philosophy, Moral Philosophy

The seven constraints defended in chapters two and three combine to form a minimalist theory of criminalization. This chapter argues that minimalism is better than any of the alternatives defended by ... 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


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


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


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


Michael R. Milken: 1946–: Junk Bond King

Edward Morris

in Wall Streeters: The Creators and Corruptors of American Finance

Published in print:
2015
Published Online:
May 2016
ISBN:
9780231170543
eISBN:
9780231540506
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231170543.003.0011
Subject:
Business and Management, Business History

The chapter describes Michael Milken’s creation and development of junk bonds.


Fault

Robert Stevens

in Torts and Rights

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199211609
eISBN:
9780191705946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211609.003.0005
Subject:
Law, Law of Obligations

Central to the claim of some economists, such as Richard Posner — that the law of torts is best explained in terms of economic efficiency — is the Learned Hand Formula for calculating when conduct ... 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


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


Introduction

Brian E. Butler

in The Democratic Constitution: Experimentalism and Interpretation

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226474502
eISBN:
9780226474649
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226474649.003.0001
Subject:
Law, Constitutional and Administrative Law

In overview, this book constructs a picture of law as a democratic means. This is constructed in opposition to a picture of constitutional law centered upon the protection of minorities from the ... 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


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


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


Philosophy of Law: Collected Essays Volume IV

John Finnis

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199580088
eISBN:
9780191729409
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580088.001.0001
Subject:
Law, Philosophy of Law

This volume collects twenty-two chapters, grouped in four parts. These include two recent appreciations and critiques of Hart's legal and political theories; a thorough appreciation and critique of ... More


Darwin, Dewey, Religion, and the Public Domain

John Finnis

in Religion and Public Reasons: Collected Essays Volume V

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199580095
eISBN:
9780191729416
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580095.003.0002
Subject:
Law, Philosophy of Law

This chapter, composed as a Dewey lecture, argues that Darwin is a better guide for thinking about the place of religion in public life and in the Constitution than John Dewey, who denied that ... More


Economics, Justice, and the Value of Life

John Finnis

in Human Rights and Common Good: Collected Essays Volume III

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199580071
eISBN:
9780191729393
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580071.003.0016
Subject:
Law, Philosophy of Law

An Economic Analysis of Law, as expounded by Posner, cannot provide moral criteria. Though economics usefully identifies side effects, economic reasoning is defeated by the incommensurables involved ... More


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