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The Jurisprudence of the Iran-United States Claims Tribunal: An Analysis of the Decisions of the Tribunal
George H. Aldrich
Manufacturer: Oxford University Press, USA
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ASIN: 0198258054 |
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The Iran-United States Claims Tribunal is the most important source of international arbitral decisions for at least the past half century, and its decisions have contributed significantly to the development of international law and the law of international commercial transactions. Judge Aldrich, who is the only member of the Tribunal to have served since its inception in 1981, has written what will be recognised as the definitive book about the jurisprudence of the Tribunal. The book seeks to preserve and to make accessible the substantial body of Awards and Decisions rendered by the Tribunal during the years since it was established in. Its hundreds of Awards and Decisions may be individually consulted (there are twenty-seven volumes so far) but hitherto there has been no detailed analytical guide through the vast published work of the Tribunal. This important new book provides a two-fold service. First, it quotes from the most significant Awards and Decisions at sufficient length so that both their substance and the reasoning of the Tribunal can be understood from access to the present volume alone. Second, it organizes and summarizes the decisions to facilitate finding complete texts relevant to any particular issue.
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Cruel and Unusual Punishment: Rights and Liberties under the Law (America's Freedoms)
Joseph Melusky , and
Keith Pesto
Manufacturer: ABC-CLIO
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ASIN: 1576076024
Release Date: 2003-02-21 |
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- Complex
- A brilliantly argued fix for our legal system and society
- Cost-benefit analysis in defense of liberty?
- Not So Simple
- An outline for reforming U.S. civil law
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Simple Rules for a Complex World
Richard A. Epstein
Manufacturer: Harvard University Press
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ASIN: 0674808215 |
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Too many laws, too many lawyers--that's the necessary consequence of a complex society, or so conventional wisdom has it. Countless pundits insist that any call for legal simplification smacks of nostalgia, sentimentality, or naiveté. But the conventional view, the noted legal scholar Richard Epstein tells us, has it exactly backward. The richer texture of modern society allows for more individual freedom and choice. And it allows us to organize a comprehensive legal order capable of meeting the technological and social challenges of today on the basis of just six core principles. In this book, Epstein demonstrates how.
The first four rules, which regulate human interactions in ordinary social life, concern the autonomy of the individual, property, contract, and tort. Taken together these rules establish and protect consistent entitlements over all resources, both human and natural. These rules are backstopped by two more rules that permit forced exchanges on payment of just compensation when private or public necessity so dictates. Epstein then uses these six building blocks to clarify many intractable problems in the modern legal landscape. His discussion of employment contracts explains the hidden virtues of contracts at will and exposes the crippling weaknesses of laws regarding collective bargaining, unjust dismissal, employer discrimination, and comparable worth. And his analysis shows how laws governing liability for products and professional services, corporate transactions, and environmental protection have generated unnecessary social strife and economic dislocation by violating these basic principles.
Simple Rules for a Complex World offers a sophisticated agenda for comprehensive social reform that undoes much of the mischief of the modern regulatory state. At a time when most Americans have come to distrust and fear government at all levels, Epstein shows how a consistent application of economic and political theory allows us to steer a middle path between too much and too little.
Customer Reviews:
Complex.......2006-03-06
A quick aside: it's evident to me that I'm displaying some partiality in my rating of political books: libertarian books are netting higher scores than conservative and liberal fare (that being said, I've also overcompensated on some non-libertarian books that in retrospect are closer to trash than I originally thought). Readers of a different political persuasion may do well to add or subtract a star accordingly.
That being said, Simple Rules is a fine book. The thesis, that we can govern the world with much easier legal structures than currently exist, is harmless enough and non-controversial enough, and the author elaborates on it well. The rules produced are--unsurprisingly--a legal code to make libertarians savor; nonetheless, Epstein's arguments are aimed at a wider audience than his fan base.
We are seeing a more mature Epstein here: indeed, in an early chapters he mentions how he has come to peace with the idea of utilitarian justifications for rights, the typical libertarian rite of passage. Accordingly, his arguments here are of that vein: broad and utilitarian, appealing to shared values, written in a commonsensical, albeit dense, manner.
Professor Epstein, as usual, doesn't coddle his readers. Sometimes the economic arguments (which in themselves show a lovely enrichment of his own thought) will slow one down or force rereading. Occasionally we flail, unable to grasp what the author's trying to get across. The pure number of arguments summoned gives the reader pause. But mostly the picture is clear--it just takes a little work to bring it into focus.
Epstein's tone is often lax, informal, but not excessively so. Lawyer speak is made accessible.
The first few chapters describe the theoretical virtues of simplicity, and the groundwork for developing a legal system. Each succeeding chapter centers on a particular rule, starting with some Lockean postulates and ending with corporate law, product liability, and others. Epstein bolsters his position with footnotes and flurries of arguments. The most satisfying section is the last, when the professor challenges his opposition, notably Ronald Dworkin.
I suppose I would have liked more theoretical investigation--so much of the book is experiential pragmatism (which is also its charm), I would have liked to push Epstein further into theory. What is complexity? Why do laws become complex? What is a working definition for simplicity?
Professor Epstein is certainly up to the task.
Regardless, the main criticism I'll level is a typical anarchist response to the minarchist. Epstein's unhappy with the current American legal code, so he critiques the product and proposes a better one. I agree with that critique, but the larger problem is that the legal institution is without the proper incentives: there is insufficient reward for the production of good law--ergo the bad law Epstein critiques.
And I propose that what is needed is not primarily a better product (though that would be a good), but an institutional structure that makes it advantageous to produce a better product. In short, we need a market in law. (Though how we get there from here is the even larger problem--I have no satisfactory answer. The world never did change easily.)
It's a good book, though I can't imagine many outside the legal field enjoying it. I shall find it useful as a collection of brief, powerful arguments for particular positions, easily referenced.
A brilliantly argued fix for our legal system and society.......2003-11-21
Richard Epstein takes us back to first principles to construct a legal system based on simple rules as an antidote to the ridiculously complex legal rules of today, with its attendant sky-high cost of administration. He approaches the task from the perspective of maximizing society's gain, and first derives the six basic rules that should underpin all law:
- Self-ownership: Each person owns himself and his labor
- First possession: Property is created, and owned, by the first person that uses it.
- Voluntary exchange
- Protection against agression
- Limited privilege in cases of necessity
- Just compensation when taking private property for public use
Based on these six rules, he then proceeds to analyze existing law, which in many instances harms society instead of protecting it or maximizing gains. These areas include labor laws, environmental legislation, consumer protection, liability, employment discrimination, and many more. Time after time the current system is found wanting.
This book is an indispensable tool in understanding how laws should be made, and guides us back to the kind of society our founders envisioned - a society of free people, able to make their own decisions, free to contract, and free of the yoke of an intrusive and tyrannical state.
Cost-benefit analysis in defense of liberty?.......2001-05-23
Prof. Richard Epstein has written a brilliant book here. His thesis, at heart, is that the world operates more efficiently and productively when legal rules are "simple" than when they are complex.
In order to elaborate this thesis, he spells out just what he means by "simple," proposes a handful of simple rules himself in various areas of law (property, contracts, torts), and shows how they play out in action (in, e.g., labor contracting, employment discrimination, and products liability). In each case he argues, with much success, that it just wouldn't be efficient to try to improve on the results provided by the "simple" rules.
I especially recommend this book, and Epstein's work generally, to law students. Epstein's knowledge of the law is thorough and deep; One-Ls will find it useful to keep it handy for the whole year.
So why only four stars? Partly because I think cost-benefit analysis is neither an adequate defense of liberty against the regulatory State nor an adequate foundation for law; and partly because Epstein's reliance on such analysis leads him toward (though he stops short of actually arriving at) positions I regard as non- or anti-libertarian.
This review isn't the place to critique consequentialism; for a more or less standard and (I think) decisive critique, the reader is referred to W.D. Ross's _Foundations of Ethics_, which, after sixty-odd years, is still one of the most judicious works on ethics ever written. Suffice it to say that I think we can increase efficiency by pursuing justice, but not vice versa; consequentialism and its subspecies utilitarianism seem to me to be not so much ways of answering moral questions as of never raising them. The "maximization" of happiness is one ground of moral obligation, but not the only one. (And in general, I simply fail to understand recent libertarian interest in an ethical school founded by a man who regarded natural rights as "nonsense" and imprescriptible natural rights as "nonsense upon stilts.")
More serious, from a libertarian point of view, is that Epstein comes within inches of allowing a positive role for antitrust law. Now, mind you, he doesn't _quite_ do so. Indeed he calls for the repeal of the Sherman Act and related legislation, and he opposes the use of government power to distinguish between "corporate combinations that increase market competition" (p. 125) from those that do otherwise. (Note that his understanding of "competition" is thoroughly Chicago-school, a point for which Austrian theorists have quite properly taken him to task.)
Yet his only ground for this latter opposition is merely that government agencies can't _tell_ which are which. Some corporate mergers, he says, may actually increase efficiency. Well, what about those that don't? Is he opposed in principle to such "inefficient" mergers? Would it be okay if the government stepped in to kill a merger that _was_ clearly "inefficient" by Epstein's standards? Or does he think there would be something morally wrong with outlawing certain uses of people's justly acquired property merely because somebody can think of a more "efficient" use?
Unfortunately Epstein's consequentialist approach prevents him from giving the standard libertarian answer. It seems that, for him, the rights of property and trade are dependent not merely on their promotion of "happiness" but, more specifically, on their service to the aggregate good -- where, most significantly, this "good" is apparently defined quite independently of justice.
So I have to knock off one star for inadequate moral foundations. But don't let that stop you from reading the book: Epstein's cost-benefit approach is solid as far as it goes. It just doesn't go far enough.
Not So Simple.......2001-02-07
Epstein is a brilliant guy with a great idea - simple rules are better for society than complex rules. At least, that's what I think he says. This book is NOT for the masses. Here's a sample from page 30: "Although I have from time to time been of different minds on this proposition, I have now made peace with myself and believe that these consequentialist theories--that is, those which look to human happiness--offer the best justificatory apparatus for demarcating the scope of state power from the area of individual choice." Huh? Mr. Epstein, would you consider a comic book version for the rest of us?
An outline for reforming U.S. civil law.......2001-01-29
SUMMARY: Epstein, a law professor of libertarian inclination, suggests reforms of U.S. civil law, which wastes too much time and money producing and administering complicated laws in pursuit of unrealistically high standards of justice. This legal system's meddling in the economy is as counterproductive as that of communist regimes'. Epstein contends that civil justice requires only six simple legal principles, concerning property, property rights, contracts, prohibition of force, limited privileges, and eminent domain. The first half of the book discusses these principles in the abstract; the second half applies them to current controversies: labor (affirmative action and discrimination laws), liability of corporate officers, product liability, trading in stocks, limited liability, and environmental regulation. CRITICISMS: 1) The writing is dull. 2) Although Epstein aims to be an "intellectual middleman" between the law and laymen, he too often fails to define legal terms. 3) Epstein doesn't explain how our complicated legal system arose or how reforming it would eliminate the motives that created it. 4) Is the idea that only six simple rules suffice to produce civil justice as utopian as the current pursuit of "perfect" justice? RECOMMENDATION: For those who are frustrated by America's morass of civil justice, here is a framework for reform.
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The Human Measure: Social Thought in the Western Legal Tradition
Donald Kelley
Manufacturer: Harvard University Press
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ASIN: 0674415000 |
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Logic, Rhetoric and Legal Reasoning in the Qur'an: God's Arguments (Routledgecurzon Studies in the Quran)
R. Gwynne
Manufacturer: RoutledgeCurzon
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ASIN: 0415324769 |
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Muslims have always used verses from the Qur'an to support opinions on law, theology, or life in general, but almost no attention has been paid to how the Qur'an presents its own precepts as conclusions proceeding from reasoned arguments. Whether it is a question of God's powers of creation, the rationale for his acts, or how people are to think clearly about their lives and fates, Muslims have so internalized Qur'anic patterns of reasoning that many will assert that the Qur'an appeals first of all to the human powers of intellect. This book provides a new key to both the Qur'an and Islamic intellectual history. Examining Qur'anic argument by form and not content helps readers to discover the significance of passages often ignored by the scholar who compares texts and the believer who focuses upon commandments, as it allows scholars of Qur'anic exegesis, Islamic theology, philosophy, and law to tie their findings in yet another way to the text that Muslims consider the speech of God.
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Everyday on the news, we hear tallies of how many Iraqis were killed the previous day in America's current war in Iraq. Most of these victims are not soldiers, and have nothing to do with the war--they are just innocent civilians, caught in the cross-fire. They are the war's "collateral damage."
This book is a history of America's attempt to reconcile the atrocity of modern warfare, only realized after WWII and the development of the atomic bomb, with the idea that killing innocent civilians was off-limits and not justified to win a war. Conway-Lanz considers both policy makers' responses to the issues, as well as the on-going debate by the public on their perceptions of war violence against civilians, starting after WWII for the most complete examination of modern American discourse on this topic.
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Order in the Court: Crafting a More Just World in Lawless Times (Reflections on the Essence of the Law)
Benjamin Sells
Manufacturer: Element Books Ltd
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ASIN: 1862044430 |
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- Superb!
- Tremendous! Philosophers will read this eventually!
- A Must-Read Classic!
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The Coherence of Theism (Clarendon Library of Logic and Philosophy)
Richard Swinburne
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The Existence of God
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Faith and Reason
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The Resurrection of God Incarnate
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The Christian God
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Warranted Christian Belief
ASIN: 0198240708 |
Book Description
This book investigates what it means, and whether it is coherent, to say that there is a God. The author concludes that, despite philosophical objections, the claims which religious believers make about God are generally coherent; and that although some important claims are coherent only if the words by which they are expressed are being used in stretched or analogical senses, this is in fact the way in which theologians have usually claimed they are being used. This revised edition includes various minor corrections and clarifications.
Customer Reviews:
Superb!.......2007-08-27
Richard Swinburne came highly recommended to me. Yet, after reading this book, I can say that he has greatly exceeded my expectations. I found Swinburne's argumentation to be clear, concise, and in many cases interesting. But not easy. There were several parts of his book which I had to read, and re-read, in order to fully understand his line of thought, which I expected.
Swinburne's task is to discover whether or not Theism is coherent. He concludes that it (probably) is. He doesn't argue that it's true per say merely that the Theist can not be charged with holding incoherent views. The book is split into three separate sections. In the first, Swinburne goes about defining what it means for something to be `coherent' and `incoherent.' He argues that a statement is incoherent if it entails a self-contradictory statement. He also argues that the easiest way to find a statement to be coherent is if that statement entails another statement which is coherent. He spends the rest of section 1 describing religious language--i.e. whether language describing God is used equivocally, univocally, or analogously. Throughout the book Swinburne maintains that we can describe God using words (such as "love" and "good") in their `mundane' senses without (always) appealing to analogy.
In section 2, Swinburne argues for a `contingent' god. He looks at eight different characteristics that Theists have typically used to describe God--an omnipresent spirit, free and creator of the universe, omnipotent, omniscient, perfectly good, a source of moral obligation, eternal, and immutable. He goes through each and argues first, that such notions are in fact coherent, and second such notions can be successfully defended against critiques. The bulk of the book takes up this portion. Perhaps what I found most interesting was how he indicated how several of these characteristics (for example, omnipotent and omniscient) entailed other characteristics (omnipresent spirit).
In the final section, Swinburne argues for the notion of a necessary being. He first lists different criteria for something to be necessary. Then he sees how these criteria apply to God's existence, and God's possession of these characteristics. He concludes that in order for a Theist to express what he normally expresses when saying that "God exists" the Theist must use some terms in a slightly analogous way. And since, it's not clear which terms are being analogously, and to what degree the question of coherence cannot (ultimately) be removed from the question of whether or not Theism is true. All in all, I highly recommend Swinburne's book as a fascinating read and a great defense of the coherency of theism.
This book is the first of his trilogy, the next book being "The Existence of God" and concluding with "Faith and Reason."
Tremendous! Philosophers will read this eventually!.......2001-06-12
Swinburne's book is essential reading. I originally bought the book to see how he deviates away from the Thomistic doctrines of Analogy. I was very glad to see that his tough minded philosophical explications of God-Talk are defensible without much fallback to analogy(or from what he says). From my perspective, Swinburne is tops in the Philosophy of Religion.
A Must-Read Classic!.......1999-03-27
This tome is a must-read classic for any serious philosophy of religion student. Swinburne is fair, concise, and clear. The Coherence of Theism will likely be influential for some time to come. Simply outstanding!
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The World of Prometheus
Danielle S. Allen
Manufacturer: Princeton University Press
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Talking to Strangers: Anxieties of Citizenship since Brown v. Board of Education
ASIN: 0691058695 |
Book Description
For Danielle Allen, punishment is more a window onto democratic Athens' fundamental values than simply a set of official practices. From imprisonment to stoning to refusal of burial, instances of punishment in ancient Athens fueled conversations among ordinary citizens and political and literary figures about the nature of justice. Re-creating in vivid detail the cultural context of this conversation, Allen shows that punishment gave the community an opportunity to establish a shining myth of harmony and cleanliness: that the city could be purified of anger and social struggle, and perfect order achieved. Each member of the city--including notably women and slaves--had a specific role to play in restoring equilibrium among punisher, punished, and society. The common view is that democratic legal processes moved away from the "emotional and personal" to the "rational and civic," but Allen shows that anger, honor, reciprocity, spectacle, and social memory constantly prevailed in Athenian law and politics.
Allen draws upon oratory, tragedy, and philosophy to present the lively intellectual climate in which punishment was incurred, debated, and inflicted by Athenians. Broad in scope, this book is one of the first to offer both a full account of punishment in antiquity and an examination of the political stakes of democratic punishment. It will engage classicists, political theorists, legal historians, and anyone wishing to learn more about the relations between institutions and culture, normative ideas and daily events, punishment and democracy.
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The Theory and Practice of Third World Solidarity:
Darryl C. Thomas
Manufacturer: Praeger Publishers
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ASIN: 0275928438 |
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This study examines the development of Third World solidarity within the broader historical context of changing hegemonic power systems, from Pax Britannia to Pax Americana. Thomas focuses on the political, economic, and racial structures that are fundamental to hegemonic supremacy over peripheral and semiperipheral states, and he analyzes the divergent modes of Third World incorporation (subordination) into the world system. He concludes that the racial structure of global apartheid that dominated the world system during the colonial period is re-emerging under the rubric of a "New World Order."
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