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This review of Leo Katz's book, Why the Law is So Perverse, addresses three questions. First, does Katz draw the appropriate normative conclusions about legal perversities based on their connections to social choice theory? In other words, what are the legal ethics and professionalism implications of his book? Second, how does each of the legal perversities in the book follow from a particular social choice theory result? In other words, what is the precise theoretical connection between each of the legal perversities discussed and an impossibility theorem in social choice theory? Third, can we reinterpret our understanding of the seemingly dismal and negative impossibility theorems from social choice in a constructive and positive way to suggest how society can make the best of legal perversities? In other words, what are benign interpretations and positive versions of the social choice impossibility theorems and their implications for how society can deal with what Katz calls legal perversities?
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.
"Katz 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... Second, the law is full of loopholes... Third, legal systems are loath to punish certain kinds of highly immoral conduct while prosecuting other far less pernicious behaviors... Finally, why does the law often prohibit what are sometimes called win-win transactions, such as organ sales or surrogacy contracts?" - from the University of Chicago Press press release
Why do so many people voluntarily consent to searches by have the police search their person or vehicle when they know that they are carrying contraband or evidence of illegal activity? Does everyone understand the Miranda warning? How well can people recognize a voice on tape? Can linguistic experts identify who wrote an anonymous threatening letter? Speaking of Crime answers these questions and examines the complex role of language within our criminal justice system. Lawrence M. Solan and Peter M. Tiersma compile numerous cases, ranging from the Lindbergh kidnapping to the impeachment trial of Bill Clinton to the JonBenét Ramsey case, that provide real-life examples of how language functions in arrests, investigations, interrogations, confessions, and trials. In a clear and accessible style, Solan and Tiersma show how recent advances in the study of language can aid in understanding how legal problems arise and how they might be solved. With compelling discussions current issues and controversies, this book is a provocative state-of-the-art survey that will be of enormous value to legal scholars and professionals throughout the criminal justice system.
A leading law review offers a quality ebook edition. This fourth issue of 2012 features articles from internationally recognized legal scholars, and extensive research in Comments authored by University of Chicago Law School students. Contents for the issue are: ARTICLES: -- Elected Judges and Statutory Interpretation, by Aaron-Andrew P. Bruhl & Ethan J. Leib -- Delegation in Immigration Law, by Adam B. Cox & Eric A. Posner -- What If Religion Is Not Special?, by Micah Schwartzman COMMENTS: -- A Common Law Approach to D&O Insurance “In Fact” Exclusion Disputes -- Taming the Hydra: Prosecutorial Discretion under the Acceptance of Responsibility Provision of the US Sentencing Guidelines -- Are Railroads Liable When Lightning Strikes? -- Who’s Allowed to Kill the Radio Star? Forfeiture Jurisdiction under the Communications Act -- Federal Diversity Jurisdiction and American Indian Tribal Corporations -- The Right to Trial by Jury under the WARN Act The issue also includes a Review Essay by Saul Levmore, analyzing the Public Choice implications of "Why the Law Is So Perverse" by Leo Katz In the eBook edition, Tables of Contents are active, including those for individual articles; footnotes are fully linked and properly numbered; graphs and figures are reproduced legibly; URLs in footnotes are active; and proper eBook formatting is used.
Learning about Immigration Law, third edition, is the most up-to-date immigration law book available and takes into account all of the changes made in immigration law since September 11, 2001. The text offers real-life examples that make the material come alive for the student and walks the student through the entire background, process, and tools essential for a legal professionals mastery of immigration law. The text is designed for everyone from experienced legal professionals to those who have no formal knowledge of the law. This book also shows the average consumer how to help a friend, neighbor, or family member with immigration law questions or concerns. It assumes no previous knowledge and works as an instructional manual discussing immigration law. There is an Appendix A that provides American Citizenship Preparation guidelines with practice questions and an Appendix B that includes the most common forms used in immigration matters. The text also discusses new procedural and substantive laws with detailed explanations about why these laws were created in the aftermath of 9/11. The text takes a complex subject and breaks it down into simple terms. It makes the immigration law experience up-to-date, complete, and enjoyable.
Ultimately, Katz argues, the law, as well as our conscience, is surprisingly uninterested in final outcomes and astonishingly sensitive to how we get there, which is why sins of commission are so much more weighty than sins of omission.
The Oxford Handbook of Positive Psychology is the seminal reference in the field of positive psychology, which continues to transcend the boundaries of academia to capture the imagination of the general public. Almost 20 years after the first publication of this groundbreaking reference, this new third edition showcases how positive psychology is thriving in diverse contexts and fields of psychology. Consisting of 68 chapters of the most current theory and research, this updated handbook provides an unparalleled cross-disciplinary look at positive psychology from diverse fields and all branches of psychology, including social, clinical, personality, counseling, health, school, and developmental psychology. Several new chapters are included which highlight the latest research on positive psychology and neuroscience, as well as growing areas for applications of positive psychology.
The Law and Economics approach to law dominates the intellectual discussion of nearly every doctrinal area of law in the United States and its influence is growing steadily throughout Europe, Asia, and South America. Numerous academics and practitioners are working in the field with a flow of uninterrupted scholarship that is unprecedented, as is its influence on the law. Academically every major law school in the United States has a Law and Economics program and the emergence of similar programs on other continents continues to accelerate. Despite its phenomenal growth, the area is also the target of an ongoing critique by lawyers, philosophers, psychologists, social scientists, even economists since the late 1970s. While the critique did not seem to impede the development of the field, it certainly has helped it to become more sophisticated, inclusive, and mature. In this volume some of the leading scholars working in the field, as well as a number of those critical of Law and Economics, discuss the foundational issues from various perspectives: philosophical, moral, epistemological, methodological, psychological, political, legal, and social. The philosophical and methodological assumptions of the economic analysis of law are criticized and defended, alternatives are proposed, old and new applications are discussed. The book is ideal for a main or supplementary textbook in courses and seminars on legal theory, philosophy of law, jurisprudence, and (of course) Law and Economics.
“Shines a floodlight on a topic that has been cloaked in obscurity . . . a landmark work in both intellectual history and political theory” (The Wall Street Journal). Philosophical esotericism—the practice of communicating one’s unorthodox thoughts “between the lines”—was a common practice until the end of the eighteenth century. Despite its long and well-documented history, however, esotericism is often dismissed today as a rare occurrence. But by ignoring esotericism, we risk cutting ourselves off from a full understanding of Western philosophical thought. Walking readers through both an ancient (Plato) and a modern (Machiavelli) esoteric work, Arthur M. Melzer explains what esotericism is—and is not. It relies not on secret codes, but simply on a more intensive use of familiar rhetorical techniques like metaphor, irony, and insinuation. Melzer explores the various motives that led thinkers in different times and places to engage in this strange practice, while also exploring the motives that lead more recent thinkers not only to dislike and avoid this practice but to deny its very existence. In the book’s final section, “A Beginner’s Guide to Esoteric Reading,” Melzer turns to how we might once again cultivate the long-forgotten art of reading esoteric works. The first comprehensive, book-length study of the history and theoretical basis of philosophical esotericism, Philosophy Between the Lines is “a treasure-house of insight and learning. It is that rare thing: an eye-opening book . . . By making the world before Enlightenment appear as strange as it truly was, [Melzer] makes our world stranger than we think it is” (George Kateb, Professor of Politics, Emeritus, at Princeton University). “Brilliant, pellucid, and meticulously researched.” —City Journal