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The Unity of the Penal Law

Alan Brudner

in Punishment and Freedom

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199207251
eISBN:
9780191705502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207251.003.0010
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter introduces the idea that unifies the several paradigms of penal justice competing for control of the penal law. It calls this idea dialogic community and exhibits its form of mutual ... More


Reconstructing Contracts

Alan Brudner

in The Unity of the Common Law

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199592807
eISBN:
9780191767944
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592807.003.0005
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter discerns the form of dialogic community in the formalist and equity paradigms of contract law. It describes dialogic community as a mutual recognition between independent agencies. It ... More


The Right to Security in Criminal Law Theory

Peter Ramsay

in The Insecurity State: Vulnerable Autonomy and the Right to Security in the Criminal Law

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199581061
eISBN:
9780191741005
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199581061.003.0010
Subject:
Law, Criminal Law and Criminology

This chapter assesses the penal protection of the right to security in the terms of thee recently published broadly liberal theories of criminal law: Douglas Husak's theory of the limits of ... More


Hegel’s Idea of Sittlichkeit

ALAN BRUDNER

in Constitutional Goods

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225798
eISBN:
9780191706516
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225798.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter introduces the communitarian conception of public reason, called living ethos. This idea involves the mutual recognition of community and individual, such that the individual's free ... More


The Crisis of Private Law

Alan Brudner

in The Unity of the Common Law

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199592807
eISBN:
9780191767944
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592807.003.0002
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter describes the “crisis of private law” to which the book’s argument responds. The crisis consists partly in the immersion of private in public law, partly in the bifurcation of ... More


Agency and Welfare in the Penal Law

ALAN BRUDNER

in Action and Value in Criminal Law

Published in print:
1993
Published Online:
March 2012
ISBN:
9780198258063
eISBN:
9780191681783
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258063.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter discusses the conceptual ground for the reconciliation of the agency and welfarist paradigms in penal law. It begins by describing the internal coherence of the agency model, relating ... More


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