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Cambridge University Press по журналам "Legal Theory"

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  • West Robin (Cambridge University Press. New York, USA, 1996-09-01)
    During the last 25 years, rape law has undergone a profound transformation, as the articles in this symposium clearly show. To mention just three of the more striking doctrinal reformations: All states have repealed the ...
  • Schwartz Edward P. (Cambridge University Press. New York, USA, 1995-09-01)
    In his most recent article, “The Appeals Process as a Means of Error Correction,” Steven Shavell asks a very important question: Why do we use a hierarchical court structure? The flip side of this inquiry is whether we ...
  • Chiao Vincent (Cambridge University Press. New York, USA, 2009-03-01)
    This paper offers a critical reconsideration of the traditional doctrine that responsibility for a crime requires a voluntary act. I defend three general propositions: first, that orthodox Anglo-American criminal theory ...
  • Bertomeu Juan F. Gonzalez (Cambridge University Press. New York, USA, 2011-07-01)
    The debate over judicial review of legislation is profuse. But differences are often due to the lack of a common methodology. This article discusses the proper way to evaluate judicial review and confronts central challenges ...
  • Elster Jon (Cambridge University Press. New York, USA, 1997-06-01)
    At least since the French moralists—Montaigne, Pascal, La Rochefoucauld, La Bruyère—it has been a commonplace that people can fool themselves as well as others about their beliefs and motivations. In this article, I consider ...
  • Nance Dale A. (Cambridge University Press. New York, USA, 2007-06-01)
    Review of Foundations of Evidence Law, by Alex Stein (Oxford University Press, 2005)
  • Archard David (Cambridge University Press. New York, USA, 1997-09-01)
    Consider the following examples of behavior by Smith: 1. Smith, seated at her restaurant table, gives an order to the waiter; 2. Smith gets into a cab and names a destination; 3. Smith agrees to Jones's suggestion that ...
  • Applbaum Arthur Isak (Cambridge University Press. New York, USA, 1998-03-01)
    In “Professional Detachment: The Executioner of Paris,” I concluded with the cheap and some would say libelous suggestion that lawyers might accurately be described as serial liars, because they repeatedly try to induce ...
  • Putnam Hilary (Cambridge University Press. New York, USA, 1995-03-01)
  • Posner Richard A. (Cambridge University Press. New York, USA, 1997-03-01)
    Some people hate themselves. But if I say, “I hate myself,” who is this “I” that stands apart from “myself”? And notice how in the expression “I am not myself today,” the “I” and “myself” change places. Now it is “myself” ...
  • Duff R. A. (Cambridge University Press. New York, USA, 1995-06-01)
    Criminal attempts, it is often said, are crimes of intention. While many complete crimes can be committed recklessly, criminal attempts require “purposive conduct”; in attempts “the intent is the essence of the crime.” But ...
  • Marmor Andrei (Cambridge University Press. New York, USA, 1995-09-01)
    In this article I want to support a certain conception of legal authority. The question I want to address is this: Is it possible to attribute legal authority to a given norm if its authority does not derive from the ...
  • Hodgson Louis-Philippe (Cambridge University Press. New York, USA, 2011-09-01)
    The possibility of collective action is essential to human freedom; yet, as Rousseau famously argued, individuals acting together allow themselves to depend on one another's choices and thereby jeopardize one another's ...
  • West Robin (Cambridge University Press. New York, USA, 1997-06-01)
    Let us take, as a starting assumption, the Benthamic understanding of the point of law: We should make laws that will increase the overall happiness of the people whose lives are affected by them. But how should we go about ...
  • Seidman Louis Michael (Cambridge University Press. New York, USA, 1997-06-01)
    Jon Elster's subtle and richly illustrated argument raises more avenues of inquiry and application than one could possibly explore in a short comment. I will therefore confine myself to addressing three interrelated ...
  • Bogart John H. (Cambridge University Press. New York, USA, 1996-09-01)
    In a recent essay, Donald Dripps advanced what he calls a “commodification theory” of rape, offered as an alternative to understanding rape in terms of lack of consent. Under the “commodification theory,” rape is understood ...
  • Hallborg Robert (Cambridge University Press. New York, USA, 1997-12-01)
    “The Trolley Problem” is the name Judith Jarvis Thomson has given to a difficult problem in moral philosophy and legal theory. The problem arises by considering a series of cases, all of which involve a choice of evils. ...
  • Halpin Andrew (Cambridge University Press. New York, USA, 1998-06-01)
    This article considers the role of conceptual analysis in jurisprudence. In responding to the earlier article of Brian Bix, Conceptual Questions and Jurisprudence, 1 LegalTheory 465 (1995), it is agreed that the purpose ...
  • Bix Brian (Cambridge University Press. New York, USA, 1995-12-01)
    Conceptual analysis is an integral part of legal theory, but the nature and purpose of such inquiries are often not clearly stated. In this article, I attempt to elaborate upon some of the differing reasons for conceptual ...
  • Wertheimer Alan (Cambridge University Press. New York, USA, 1996-06-01)
    This article has two broad purposes. First, as a political philosopher who has been interested in the concepts of coercion and exploitation, I want to consider just what the analysis of the concept of consent can bring to ...