Description |
1 online resource (xi, 239 pages) |
Contents |
Why does the law spurn win-win transactions? -- Things we can't consent to, though no one knows why -- A parable -- Lessons -- The social choice connection -- Why is the law so full of loopholes? -- The irresistible wrong answer -- What is wrong with the irresistible answer? -- The voting analogy -- Turning the analogy into an identity -- Intentional fouls -- Why is the law so either/or? -- The proverbial rigidity of the law -- Line drawing as a matter of life and death -- Why don't we punish all we condemn? -- The undercriminalization problem -- Multicriterial ranking and the undercriminalization problem -- Final thoughts |
Summary |
Conundrums, puzzles, and perversities: these are Leo Katz's stock-in-trade, and in Why the Law Is So Perverse, he focuses on four fundamental features of our legal system, all of which seem to not make sense on some level and to demand explanation. First, legal decisions are essentially made in an either/or fashion--guilty or not guilty, liable or not liable, either it's a contract or it's not--but reality is rarely as clear-cut. Why aren't there any in-between verdicts? Second, the law is full of loopholes. No one seems to like them, but somehow they cannot be made to disappear. Why? Third, leg |
Bibliography |
Includes bibliographical references and index |
Notes |
Print version record |
Subject |
Law -- Interpretation and construction.
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Law -- Social aspects
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Law and ethics.
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LAW -- Essays.
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LAW -- General Practice.
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LAW -- Jurisprudence.
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LAW -- Paralegals & Paralegalism.
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LAW -- Practical Guides.
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LAW -- Reference.
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Law and ethics
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Law -- Interpretation and construction
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Law -- Social aspects
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Form |
Electronic book
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LC no. |
2010049618 |
ISBN |
9780226426068 |
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0226426068 |
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1283242273 |
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9781283242271 |
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