By Dennis Patterson
The articles during this re-creation of A significant other to Philosophy of legislation and felony concept were up to date all through, and the addition of ten new articles guarantees that the amount maintains to supply the main up to date assurance of present pondering in criminal philosophy.
- Represents the definitive guide of philosophy of legislation and modern felony concept, important to a person with an curiosity in criminal philosophy
- Now beneficial properties ten completely new articles, overlaying the parts of probability, regulatory conception, technique, overcriminalization, goal, coercion, unjust enrichment, the rule of thumb of legislation, legislation and society, and Kantian felony philosophy
- Essays are written by way of a global workforce of major scholars
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Extra resources for A Companion to Philosophy of Law and Legal Theory
The Problem of Social Cost. Journal of Law and Economics 3:1–44. Friedman, M. 1962. Capitalism and Freedom. Chicago: University of Chicago Press. Green. T. H. 1941. Lectures on the Principles of Political Obligation. London: Longmans, Green. Grey, T. C. 1980. The Disintegration of Property. In Nomos XXII: Property, ed. J. R. Pennock and J. W. Chapman. New York: New York University Press. Hardin. G. 1968. The Tragedy of the Commons. Science 162:1243–8. Hayek, F. A. 1976. The Mirage of Social Justice.
As we saw in our discussion of the Coase theorem, distributive justice matters to the law and it matters to us. We would not be happy with a Humean convention ratifying slavery or cannibalism, but, for all that, Hume showed it may well be a feature of the equilibrium emerging from the age of conflict that some people are in possession of others’ bodies. And if this pattern of possession really was stable, all would gain – the slaves as well as their masters – from its ratification as property, but we would still oppose it on grounds of justice.
But like the virtue argument, this version of the libertarian case is sensitive to distribution: for those who own nothing in a private property economy would seem to be as unfree – by this argument – as anyone would be in a socialist society. That last point may be too quick, however, for there are other indirect ways in which private property contributes to freedom. Milton Friedman (1962) argued that political liberty is enhanced in a society where the means of intellectual and political production (printing presses, photocopying machines, computers) are controlled by a number of private individuals, firms, and corporations – even if that number is not very large.
A Companion to Philosophy of Law and Legal Theory by Dennis Patterson