Focusing on the enforceability of legal rights, but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the world. Describing the various means by which restraints may be enforced, he explains how the sufficiency of enforcement can be measured. He also develops a new, unified theory of deterrence, retribution, and compensation that shows how various aspects of enforceability relate to one another. Reiff then applies his theory of enforceability to illuminate a variety of real-world problem situations.
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Book Description
Editorial Reviews
Review
"Mark Reiff's...[book]...is original. I intend this remark as high praise...Since Reiff poses questions and provides answers that are new, any legal philosopher interested in these matters will be stimulated by his unusual perspective...Reiff unquestionably has taken a novel approach to many important but frequently unaddressed problems in the philosophy of law."
-Douglas Husak, Notre Dame Philosophical Reviews
"Reiff's book is as ambitious as it is important. The book's title understates its ambition. The title promises a book about punishment and compensation as means of enforcing law. The book delivers considerably more in at least two respects. First, though legal enforcement is a central focus of the book, its subject is in fact any consideration making it more likely than otherwise that a rule will be followed...Second, though much of the book is concerned with enforcement of legal rules, the theory proposed covers enforcement of any rule...The book is as much a contribution to moral and political philosophy as to the philosophy of law."
-Michael Davis, Illinois Institute of Technology, Ethics
-Douglas Husak, Notre Dame Philosophical Reviews
"Reiff's book is as ambitious as it is important. The book's title understates its ambition. The title promises a book about punishment and compensation as means of enforcing law. The book delivers considerably more in at least two respects. First, though legal enforcement is a central focus of the book, its subject is in fact any consideration making it more likely than otherwise that a rule will be followed...Second, though much of the book is concerned with enforcement of legal rules, the theory proposed covers enforcement of any rule...The book is as much a contribution to moral and political philosophy as to the philosophy of law."
-Michael Davis, Illinois Institute of Technology, Ethics
Book Description
This book is the first comprehensive study of the problem of the enforceability of restraint. Focusing on the enforceability of legal rights, but also addressing the enforceability of moral rights and social conventions, Mark Reif f explains how we use punishment and compensation to make restraints operative in the world. Describing the various means by which restraints may be enforced, he explains how the sufficiency of enforcement can be measured. He also develops a new, unified theory of deterrence, retribution, and compensation that shows how various aspects of enforceability relate to one another.
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Inside This Book
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Key Phrases - Statistically Improbable Phrases (SIPs):
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retributive equivalence, requisite preference, formula for retribution, most potential violators, beneficiary indifferent, strategic sanctions, uncompensated suffering, current violator, tolerance for unfairness, restraint enforceable, enforceable restraints, facie moral justification, motivational impediments, corrective justice theorists, violator suffer, particular violator, same violator, retributive effect, retributive point, considered enforceable, moral regret, unenforceable rights, instinct for retaliation, automatic sanctions, subjective injuries Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, Prisoner's Dilemma, Assurance Game, Doomsday Machine, Fair Credit Reporting Act, Tragedy of the Commons, World War New!
Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
retributive equivalence, requisite preference, formula for retribution, most potential violators, beneficiary indifferent, strategic sanctions, uncompensated suffering, current violator, tolerance for unfairness, restraint enforceable, enforceable restraints, facie moral justification, motivational impediments, corrective justice theorists, violator suffer, particular violator, same violator, retributive effect, retributive point, considered enforceable, moral regret, unenforceable rights, instinct for retaliation, automatic sanctions, subjective injuries Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, Prisoner's Dilemma, Assurance Game, Doomsday Machine, Fair Credit Reporting Act, Tragedy of the Commons, World War New!
Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
Citations (learn more)
This book cites 94
books:
See all 94 books this book cites
- Bargaining: Formal Theories of Negotiation by Oran Young in Back Matter (1), and Back Matter (2)
- Behavioral Law and Economics (Cambridge Series on Judgment and Decision Making) by Cass R. Sunstein in Back Matter (1), and Back Matter (2)
- Commentaries on the Laws of England (Vol. 4) by William Blackstone on page 126, and Back Matter
- Human Rights by Ellen Frankel Paul in Back Matter (1), and Back Matter (2)
- Second Treatise of Government by John Locke on page 72, and Back Matter
See all 94 books this book cites
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