Identifying a profoundly male bias in the law, this text recommends a reasonable woman standard for measuring behaviour, arguing that a woman-based legal standard would help rectify the imbalance in how society and its legal system view sexual and gender-based crime.
"Nothing is more curiously enquired after . . . than the causes of every phenomenon. . . . [We] push on our enquiries, till we arrive at the original and ultimate principle. . . . This is our aim in all our studies and reflections." These words sum up David Hume's plan: To discover the fundamental principles at work in the nature and extent of ......
Examines how American law purports to reflect - and actively promotes - a laissez-faire capitalism that disproportionately benefits the entrepreneurial class. This title proposes that the quality of American life depends also on fairness and equality rather than simply the single-minded and formulaic pursuit of efficiency and utility.
Examines how American law purports to reflect - and actively promotes - a laissez-faire capitalism that disproportionately benefits the entrepreneurial class. This title proposes that the quality of American life depends also on fairness and equality rather than simply the single-minded and formulaic pursuit of efficiency and utility.
This book argues that analytical legal naturalism, which avoids the arbitrary principles associated with legal positivism and the odd properties associated with natural law, is a superior alternative for solving hard legal cases, where no close precedent arises or where conflicting precedents seem relevant.
Robin West provides a feminist perspective on traditional jurisprudence, examining such issues as nature of justice, the concept of harm, economic theories of value, and the utility of constitutional discourse.
Challenging the Assumptions of Intellectual Property
Behind the scenes of the many artists and innovators flourishing beyond the bounds of intellectual property laws Intellectual property law, or IP law, is based on certain assumptions about creative behavior. The case for regulation assumes that creators have a fundamental legal right to prevent copying, and without this right they will ......
Challenging the Assumptions of Intellectual Property
Behind the scenes of the many artists and innovators flourishing beyond the bounds of intellectual property laws Intellectual property law, or IP law, is based on certain assumptions about creative behavior. The case for regulation assumes that creators have a fundamental legal right to prevent copying, and without this right they will ......
