Legal Secrets Equality and Efficiency in the Common Law

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Unveiling the moral compass within legal judgments.

If you're intrigued by the intersection of law and morality, "Legal Secrets" is a compelling choice that challenges conventional wisdom. Scheppele doesn't just dissect legal decisions—she delves into the principles of equality shaping them, offering an alternative to the dry economic view of law. It's an intellectually engaging read that invites you to reconsider the moral underpinnings of judicial reasoning and the legitimacy of the law itself.

Note: While we do our best to ensure the accuracy of cover images, ISBNs may at times be reused for different editions of the same title which may hence appear as a different cover.

Legal Secrets Equality and Efficiency in the Common Law

Regular price ₱1,529.55
Unit price
per
ISBN: 9780226737799
Date of Publication: 1990-04-10
Format: Paperback
Related Collections: Politics, Philosophy
Goodreads rating: 4.0
(rated by 1 readers)

Description

Does the seller of a house have to tell the buyer that the water is turned off twelve hours a day? Does the buyer of a great quantity of tobacco have to inform the seller that the military blockade of the local port, which had depressed tobacco sales and lowered prices, is about to end? Courts say yes in the first case, no in the second. How can we understand the difference in judgments? And what does it say about whether the psychiatrist should disclose to his patient's girlfriend that the patient wants to kill her?Kim Lane Scheppele answers the question, Which secrets are legal secrets and what makes them so? She challenges the economic theory of law, which argues that judges decide cases in ways that maximize efficiency, and she shows that judges use equality as an important principle in their decisions. In the course of thinking about secrets, Scheppele also explores broader questions about judicial reasoning—how judges find meaning in legal texts and how they infuse every fact summary with the values of their legal culture. Finally, the specific insights about secrecy are shown to be consistent with a general moral theory of law that indicates what the content of law should be if the law is to be legitimate, a theory that sees legal justification as the opportunity to attract consent.This is more than a book about secrets. It is also a book about the limits of an economic view of law. Ultimately, it is a work in constructive legal theory, one that draws on moral philosophy, sociology, economics, and political theory to develop a new view of legal interpretation and legal morality.
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Similar Reads

Unveiling the moral compass within legal judgments.

If you're intrigued by the intersection of law and morality, "Legal Secrets" is a compelling choice that challenges conventional wisdom. Scheppele doesn't just dissect legal decisions—she delves into the principles of equality shaping them, offering an alternative to the dry economic view of law. It's an intellectually engaging read that invites you to reconsider the moral underpinnings of judicial reasoning and the legitimacy of the law itself.

Note: While we do our best to ensure the accuracy of cover images, ISBNs may at times be reused for different editions of the same title which may hence appear as a different cover.