Title
Legal Secrets: Equality and Efficiency in the Common Law,Used
Delivery time: 8-12 business days (International)
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 reasoninghow 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.
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We provide a 2-year limited warranty, from the date of purchase for all our products.
If you believe you have received a defective product, or are experiencing any problems with your product, please contact us.
This warranty strictly does not cover damages that arose from negligence, misuse, wear and tear, or not in accordance with product instructions (dropping the product, etc.).
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Frequently Asked Questions
- Q: What is the main focus of 'Legal Secrets: Equality and Efficiency in the Common Law'? A: 'Legal Secrets' explores the concept of legal secrets, examining how judges make decisions based on principles of equality and efficiency. The author, Kim Lane Scheppele, challenges traditional economic theories of law and delves into broader questions of judicial reasoning and legal morality.
- Q: Who is the author of this book and what is their background? A: The book is authored by Kim Lane Scheppele, a noted legal scholar with expertise in law, sociology, and political theory, providing a multidisciplinary perspective on legal interpretation and morality.
- Q: What are the main themes discussed in this book? A: The main themes include the distinction between legal secrets and other types of secrets, the role of equality in judicial decisions, and the limitations of an economic viewpoint in legal theory, alongside discussions on moral philosophy and legal culture.
- Q: How many pages does the book contain? A: 'Legal Secrets' contains a total of 378 pages, providing an in-depth exploration of its subject matter.
- Q: What is the publication date of 'Legal Secrets'? A: The book was published on April 10, 1990.
- Q: Is this book suitable for students of law? A: Yes, 'Legal Secrets' is suitable for law students as it offers critical insights into legal theory, judicial reasoning, and the intersection of law with moral philosophy.
- Q: What type of binding does the book have? A: The book is available in paperback binding, making it accessible for readers who prefer physical copies.
- Q: Does this book include case studies or examples? A: Yes, the book discusses various legal cases and examples to illustrate the principles and themes addressed by the author, providing practical context to the theoretical discussions.
- Q: Can this book help in understanding legal ethics? A: Absolutely, 'Legal Secrets' delves into legal morality and ethics, making it a valuable resource for those interested in the ethical dimensions of law and judicial decision-making.
- Q: What is the edition of this book? A: This book is the first edition, published in 1990, and has been influential in the field of legal studies since its release.