Why the law is so perverse
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Type
Book
Authors
ISBN 10
022600581X
ISBN 13
9780226005812
LCCN
K 290 .K38
DDC
340
Category
Comparative Study
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Publication Year
2011
Publisher
Pages
xi, 239 pages
Subject
Comparative Law
Tags
Abstract
"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, legal systems are loath to punish certain kinds of highly immoral conduct while prosecuting other far less pernicious behaviors. What makes a villainy a felony? Finally, why does the law often prohibit what are sometimes called win-win transactions, such as organ sales or surrogacy contracts?
Katz asserts that these perversions arise out of a cluster of logical difficulties related to multicriterial decision making. The discovery of these difficulties dates back to Condorcet’s eighteenth-century exploration of voting rules, which marked the beginning of what we know today as social choice theory. Condorcet’s voting cycles, Arrow’s Theorem, Sen’s Libertarian Paradox—every seeming perversity of the law turns out to be the counterpart of one of the many voting paradoxes that lie at the heart of social choice. Katz’s lucid explanations and apt examples show why they resist any easy resolutions.
The New York Times Book Review called Katz’s first book “a fascinating romp through the philosophical side of the law.” Why the Law Is So Perverse is sure to provide its readers a similar experience." - Amazon
Katz asserts that these perversions arise out of a cluster of logical difficulties related to multicriterial decision making. The discovery of these difficulties dates back to Condorcet’s eighteenth-century exploration of voting rules, which marked the beginning of what we know today as social choice theory. Condorcet’s voting cycles, Arrow’s Theorem, Sen’s Libertarian Paradox—every seeming perversity of the law turns out to be the counterpart of one of the many voting paradoxes that lie at the heart of social choice. Katz’s lucid explanations and apt examples show why they resist any easy resolutions.
The New York Times Book Review called Katz’s first book “a fascinating romp through the philosophical side of the law.” Why the Law Is So Perverse is sure to provide its readers a similar experience." - Amazon
Description
Content:
Part 1: Why does the law spurn win-win transactions?
Part 2: Why is the law so full of loopholes
Part 3: Why is the law so either/or?
Part 4: Why don't we punish all we condemn?
Part 1: Why does the law spurn win-win transactions?
Part 2: Why is the law so full of loopholes
Part 3: Why is the law so either/or?
Part 4: Why don't we punish all we condemn?
Biblio Notes
Includes index.
Donated by Graham Price.
Donated by Graham Price.
Number of Copies
1
Library | Accession No | Call No | Copy No | Edition | Location | Availability |
---|---|---|---|---|---|---|
Main | 908 | COMP KATZ 2011 | 1 | Yes |