David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
University of Chicago Press (1988)
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.
|Keywords||Jurisprudence Economics Contracts Sociological jurisprudence|
|Categories||categorize this paper)|
|Buy the book||$5.50 used (86% off) $25.00 new (34% off) $33.86 direct from Amazon (10% off) Amazon page|
|Call number||K230.S34.L44 1988|
|ISBN(s)||0226737780 0226737799 9780226737782|
|Through your library||Configure|
Similar books and articles
Brian Z. Tamanaha (1997). Realistic Socio-Legal Theory: Pragmatism and a Social Theory of Law. Oxford University Press.
Terence Daintith & Gunther Teubner (eds.) (1986). Contract and Organisation: Legal Analysis in the Light of Economic and Social Theory. W. De Gruyter.
William L. Twining (2009). General Jurisprudence: Understanding Law From a Global Perspective. Cambridge University Press.
Anthony Reeves (2011). Judicial Practical Reason: Judges in Morally Imperfect Legal Orders. Law and Philosophy 30 (3):319-352.
George P. Fletcher (1996). Basic Concepts of Legal Thought. Oxford University Press.
David Brooke (2011). Jurisprudence. Routledge.
Pavlos Eleftheriadis (2008). Legal Rights. Oxford University Press.
Brian Z. Tamanaha (2001). A General Jurisprudence of Law and Society. Oxford University Press.
Added to index2009-01-28
Total downloads4 ( #195,796 of 1,013,761 )
Recent downloads (6 months)0
How can I increase my downloads?