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The Expressive Powers Of Law

Author: Richard H. McAdams
Publisher: Harvard University Press
ISBN: 0674967208
Size: 80.30 MB
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Why do people obey the law? Law deters crime by specifying sanctions, and because people internalize its authority. But Richard McAdams says law also generates compliance through its expressive power to coordinate behavior (traffic laws) and inform beliefs (smoking bans)—that is, simply by what it says rather than what it sanctions.

The Expressive Powers Of Law

Author: Richard H. McAdams
Publisher: Harvard University Press
ISBN: 0674046927
Size: 76.55 MB
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Why do people obey the law? Law deters crime by specifying sanctions, and because people internalize its authority. But Richard McAdams says law also generates compliance through its expressive power to coordinate behavior (traffic laws) and inform beliefs (smoking bans)—that is, simply by what it says rather than what it sanctions.

The Force Of Law

Author: Frederick Schauer
Publisher: Harvard University Press
ISBN: 0674967143
Size: 30.54 MB
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Many legal theorists maintain that laws are effective because we internalize them, obeying even when not compelled to do so. In a comprehensive reassessment of the role of force in law, Frederick Schauer disagrees, demonstrating that coercion, more than internalized thinking and behaving, distinguishes law from society’s other rules.

The Psychology Of Tort Law

Author: Jennifer K. Robbennolt
Publisher: NYU Press
ISBN: 0814724949
Size: 67.50 MB
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Tort law regulates most human activities: from driving a car to using consumer products to providing or receiving medical care. Injuries caused by dog bites, slips and falls, fender benders, bridge collapses, adverse reactions to a medication, bar fights, oil spills, and more all implicate the law of torts. The rules and procedures by which tort cases are resolved engage deeply-held intuitions about justice, causation, intentionality, and the obligations that we owe to one another. Tort rules and procedures also generate significant controversy—most visibly in political debates over tort reform. The Psychology of Tort Law explores tort law through the lens of psychological science. Drawing on a wealth of psychological research and their own experiences teaching and researching tort law, Jennifer K. Robbennolt and Valerie P. Hans examine the psychological assumptions that underlie doctrinal rules. They explore how tort law influences the behavior and decision-making of potential plaintiffs and defendants, examining how doctors and patients, drivers, manufacturers and purchasers of products, property owners, and others make decisions against the backdrop of tort law. They show how the judges and jurors who decide tort claims are influenced by psychological phenomena in deciding cases. And they reveal how plaintiffs, defendants, and their attorneys resolve tort disputes in the shadow of tort law. Robbennolt and Hans here shed fascinating light on the tort system, and on the psychological dynamics which undergird its functioning.

Fairness In Law And Economics

Author: Lee Anne Fennell
Publisher: Edward Elgar Pub
ISBN: 9781781005293
Size: 35.28 MB
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'A growing literature probes the relationship between fairness and economic analysis, including work by luminaries such as Arrow and Sen. Fairness in Law and Economics provides an invaluable collection of the key papers on fairness by economists and legal scholars. This volume would be a great starting point for anyone interested in the field.' - Daniel A. Farber, University of California at Berkeley, US

The Structure Of Pluralism

Author: Victor M. Muniz-Fraticelli
Publisher: OUP Oxford
ISBN: 019165566X
Size: 58.86 MB
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Pluralism proceeds from the observation that many associations in liberal democracies claim to possess, and attempt to exercise, a measure of legitimate authority over their members. They assert that this authority does not derive from the magnanimity of a liberal and tolerant state but is grounded, rather, on the common practices and aspirations of those individuals who choose to take part in a common endeavor. As an account of the authority of associations, pluralism is distinct from other attempts to accommodate groups like multiculturalism, subsidiarity, corporatism, and associational democracy. It is consistent with the explanation of legal authority proposed by contemporary legal positivists, and recommends that the formal normative systems of highly organized groups be accorded the status of fully legal norms when they encounter the laws of the state. In this book, Muniz-Fraticelli argues that political pluralism is a convincing political tradition that makes distinctive and radical claims regarding the sources of political authority and the relationship between associations and the state. Drawing on the intellectual tradition of the British political pluralists, as well as recent developments in legal philosophy and social ontology, the book argues that political pluralism makes distinctive and radical claims regarding the sources of political authority and the relationship between associations and the state.

Theories Of Ideology

Author: Jan Rehmann
Publisher: BRILL
ISBN: 9004252312
Size: 63.38 MB
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Jan Rehmann reconstructs the different strands of ideology theories, ranging from Marx to Adorno/Horkheimer, from Gramsci to Stuart Hall, from Althusser to Foucault, from Bourdieu to W.F. Haug. He puts them into dialogue with each other and applies them to today's high-tech-capitalism.

The Law Of Peoples

Author: John Rawls
Publisher: Harvard University Press
ISBN: 9780674005426
Size: 61.30 MB
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This work consists of two parts: The Idea of Public Reason Revisited and The Law of Peoples. Taken together, they are the culmination of more than 50 years of reflection on liberalism and on some pressing problems of our times. Originally published: 1999.

Persuasive Games

Author: Ian Bogost
Publisher: MIT Press
ISBN: 0262261944
Size: 42.68 MB
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Videogames are an expressive medium, and a persuasive medium; they represent how real and imagined systems work, and they invite players to interact with those systems and form judgments about them. In this innovative analysis, Ian Bogost examines the way videogames mount arguments and influence players. Drawing on the 2,500-year history of rhetoric, the study of persuasive expression, Bogost analyzes rhetoric's unique function in software in general and videogames in particular. The field of media studies already analyzes visual rhetoric, the art of using imagery and visual representation persuasively. Bogost argues that videogames, thanks to their basic representational mode of procedurality (rule-based representations and interactions), open a new domain for persuasion; they realize a new form of rhetoric. Bogost calls this new form "procedural rhetoric," a type of rhetoric tied to the core affordances of computers: running processes and executing rule-based symbolic manipulation. He argues further that videogames have a unique persuasive power that goes beyond other forms of computational persuasion. Not only can videogames support existing social and cultural positions, but they can also disrupt and change these positions themselves, leading to potentially significant long-term social change. Bogost looks at three areas in which videogame persuasion has already taken form and shows considerable potential: politics, advertising, and learning.