Punishment, compensation, and law : a theory of enforceability / Mark R. Reiff. electronic resource
Material type:
- text
- unmediated
- volume
- 0521846692 (hardback)
- 340/.11 22
- K250 .R45 2005
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KNCHR Library SharePoint | Non-Fiction | K250 .R45 2005 (Browse shelf(Opens below)) | Link to resource | Available |
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K213 .W355 2008 Witness testimony evidence | K237 .S86 2006 Form and function in a legal system : | K247.6 .K72 2007 Objectivity and the rule of law | K250 .R45 2005 Punishment, compensation, and law : | K282 .H48 2004eb Norms in a wired world | K282 .N38 2007 The nature of customary law | K370 .L3852 2005 Law and globalization from below : |
Includes bibliographical references (pages [243]-251) and index.
1. The means of enforcement; 2. The goals of enforcement; 3. Measuring enforceability in the pre-violation state of affairs; 4. Measuring enforceability in the post-violation state of affairs; 5. The relationship between pre-violation expectations and post-violation practice; 6. Limitations on the means of enforcement; 7. Special problems with legal remedies; 8. The value of nominal rights.
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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