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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Punishment, Compensation and Law: A Theory of Enforceability

ISBN13: 9780521174237
Published: February 2011
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback reissue
Price: £23.99
Hardback edition , ISBN13 9780521846691

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The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

When it was originally published in 2005, this book was the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. 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. After describing the various means by which restraints may be enforced, Reiff explains how the sufficiency of enforcement can be measured, and he presents a unified theory of deterrence, retribution, and compensation that shows how these aspects of enforceability are interconnected. Reiff then applies his theory of enforceability to illuminate a variety of real-world problem situations.

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.

Series: Cambridge Studies in Philosophy and Law

Common Law Theory
Edited by: Douglas Edlin
ISBN 9780521176156
Published January 2011
Cambridge University Press
A Common Law Theory of Judicial Review: The Living Tree ISBN 9780521122665
Published November 2009
Cambridge University Press
Automatism, Insanity and the Psychology of Criminal Responsibility ISBN 9780521061339
Published April 2008
Cambridge University Press
Complicity: Ethics and Law for a Collective Age
Christopher KutzUniversity of California, Berkeley
ISBN 9780521039703
Published August 2007
Cambridge University Press
Truth, Error and Criminal Law: An Essay in Legal Epistemology ISBN 9780521730358
Published August 2006
Cambridge University Press
Crimes Against Humanity: A Normative Account ISBN 9780521600514
Published January 2005
Cambridge University Press
The Jurisprudential Foundations of Corporate and Commercial Law ISBN 9780521591577
Published October 2004
Cambridge University Press
Norms in a Wired World
Steven A. HetcherVanderbilt University, Tennessee
ISBN 9780521454360
Published March 2004
Cambridge University Press
Constitutionalism: Philosophical Foundations ISBN 9780521799997
Published July 2003
Cambridge University Press
Consent to Sexual Relations ISBN 9780521536110
Published June 2003
Cambridge University Press
Beyond Comparison - Sex and Discrimination ISBN 9780521534154
Published June 2003
Cambridge University Press
Equality, Responsibility and the Law New ed
Arthur RipsteinUniversity of Toronto
ISBN 9780521003070
Published December 2001
Cambridge University Press
A Theory of Property ISBN 9780521378864
Published June 1990
Cambridge University Press