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Summary
Author Biography
Jeff Brown has a JD from Vanderbilt University and an MA from Washington University in St Louis, where he is now completing his PhD.
Table of Contents
Preface | p. ix |
Source Acknowledgments | p. xii |
Introduction | p. 1 |
Legal Reasoning | p. 5 |
Introduction | p. 7 |
An Introduction to Legal Reasoning | p. 11 |
Remarks on the Theory of Appellate Decision and the Rules or Canons about how Statutes are to be Construed | p. 23 |
Formalism | p. 32 |
Incompletely Theorized Agreements | p. 43 |
Custom, Opinio Juris, and Consent | p. 54 |
Lochner v. New York (1905) | p. 70 |
Questions | p. 77 |
Jurisprudence | p. 79 |
Introduction | p. 81 |
The Concept of Law | p. 85 |
The Model of Rules I | p. 99 |
Law as Justice | p. 108 |
The Economic Approach to Law | p. 129 |
The Distinction between Adjudication and Legislation | p. 135 |
Critical Race Theory: The Key Writings that Formed the Movement | p. 145 |
Feminist Legal Critics: The Reluctant Radicals | p. 152 |
Riggs v. Palmer (1889) | p. 164 |
Questions | p. 170 |
International Law | p. 171 |
Introduction | p. 173 |
International Law | p. 175 |
The Nature of Jus Cogens | p. 184 |
A Philosophy of International Law | p. 187 |
The Limits of International Law | p. 200 |
The Internal Legitimacy of Humanitarian Intervention | p. 209 |
Humanitarian Intervention: Problems of Collective Responsibility | p. 221 |
Humanitarian Intervention: Some Doubts | p. 233 |
Prosecutor v. Tadić (1995) | p. 240 |
Questions | p. 244 |
Property | p. 245 |
Introduction | p. 247 |
Of Property | p. 251 |
Locke's Theory of Acquisition | p. 258 |
Property, Title, and Redistribution | p. 263 |
Philosophical Implications | p. 269 |
The Social Structure of Japanese Intellectual Property Law | p. 281 |
Historical Rights and Fair Shares | p. 286 |
International News Service v. Associated Press (1918) | p. 291 |
Questions | p. 299 |
Torts | p. 301 |
Introduction | p. 303 |
Causation and Responsibility | p. 307 |
Sua Culpa | p. 315 |
Fairness and Utility in Tort Theory | p. 322 |
Tort Liability and the Limits of Corrective Justice | p. 330 |
A Theory of Strict Liability | p. 338 |
The Question of a Duty to Rescue in Canadian Tort Law: An Answer From France | p. 348 |
Tarasoff v. Regents of University of California (1976) | p. 356 |
Questions | p. 362 |
Criminal Law | p. 363 |
Introduction | p. 365 |
On Liberty | p. 369 |
The Enforcement of Morals | p. 377 |
Crime and Punishment: An Indigenous African Experience | p. 384 |
The Mind and the Deed | p. 392 |
Between Impunity and Show Trials | p. 402 |
Atrocity, Punishment, and International Law | p. 411 |
Defending International Criminal Trials | p. 423 |
Opening Statement before the International Military Tribunal (1945) | p. 435 |
Questions | p. 441 |
Contracts | p. 443 |
Introduction | p. 445 |
Of the First and Second Natural Laws, and of Contracts | p. 449 |
The Practice of Promising | p. 455 |
Contract as Promise | p. 465 |
Legally Enforceable Commitments | p. 479 |
Unconscionability and Contracts | p. 487 |
South African Contract Law: The Need for a Concept of Unconscionability | p. 500 |
Williams v. Walker-Thomas Furniture Co. (1965) | p. 511 |
Question | p. 515 |
Constitutional Law | p. 517 |
Introduction | p. 519 |
Constitutional Cases | p. 523 |
Does the Constitution Mean What It Always Meant? | p. 535 |
What's Wrong with Chinese Rights? Toward a Theory of Rights with Chinese Characteristic | p. 548 |
Poverty and Constitutional Justice: The Indian Experience | p. 569 |
Natural Law: Alive and Kicking? A Look at the Constitutional Morality of Sexual Privacy in Ireland | p. 585 |
Peremptory Norms as International Public Order | p. 602 |
The Gender of Jus Cogens | p. 610 |
Plessy v. Ferguson (1896) | p. 620 |
Question | p. 626 |
Table of Contents provided by Ingram. All Rights Reserved. |
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