Peter A. Alces's Books

A Theory of Contract Law

Empirical Insights and Moral Psychology

By: Peter A. Alces

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A Theory of Contract Law

Empirical Insights and Moral Psychology

By: Peter A. Alces

In the past few decades, scholars have offered positive, normative, and most recently, interpretive theories of contract law. This title confronts the leading interpretive theories of contract and demonstrates their interpretive doctrinal failures.

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349

Publisher

Oxford University Press, USA

Published Date

ISBN 10

0195371607

ISBN 13

9780195371604

The Moral Conflict of Law and Neuroscience

By: Peter A. Alces

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The Moral Conflict of Law and Neuroscience

By: Peter A. Alces

Law relies on a conception of human agency, the idea that humans are capable of making their own choices and are morally responsible for the consequences. But what if that is not the case? Over the past half century, the story of the law has been one of increased acuity concerning the human condition, especially the workings of the brain. The law already considers select cognitive realities in evaluating questions of agency and responsibility, such as age, sanity, and emotional distress. As new neuroscientific research comprehensively calls into question the very idea of free will, how should the law respond to this revised understanding? Peter A. Alces considers where and how the law currently fails to appreciate the neuroscientific revelation that humans may in key ways lack normative free will—and therefore moral responsibility. The most accessible setting in which to consider the potential impact of neuroscience is criminal law, as certain aspects of criminal law already reveal the naiveté of most normative reasoning, such as the inconsistent treatment of people with equally disadvantageous cognitive deficits, whether congenital or acquired. But tort and contract law also assume a flawed conception of human agency and responsibility. Alces reveals the internal contradictions of extant legal doctrine and concludes by considering what would be involved in constructing novel legal regimes based on emerging neuroscientific insights.

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392

Publisher

University of Chicago Press

Published Date

ISBN 10

022651367X

ISBN 13

9780226513676

Trialectic

The Confluence of Law, Neuroscience, and Morality

By: Peter A. Alces

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Trialectic

The Confluence of Law, Neuroscience, and Morality

By: Peter A. Alces

A thought-provoking examination of how insights from neuroscience challenge deeply held assumptions about morality and law. As emerging neuroscientific insights change our understanding of what it means to be human, the law must grapple with monumental questions, both metaphysical and practical. Recent advances pose significant philosophical challenges: how do neuroscientific revelations redefine our conception of morality, and how should the law adjust accordingly? Trialectic takes account of those advances, arguing that they will challenge normative theory most profoundly. If all sentient beings are the coincidence of mechanical forces, as science suggests, then it follows that the time has come to reevaluate laws grounded in theories dependent on the immaterial that distinguish the mental and emotional from the physical. Legal expert Peter A. Alces contends that such theories are misguided—so misguided that they undermine law and, ultimately, human thriving. Building on the foundation outlined in his previous work, The Moral Conflict of Law and Neuroscience, Alces further investigates the implications for legal doctrine and practice.

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Page Count

311

Publisher

University of Chicago Press

Published Date

ISBN 10

0226827496

ISBN 13

9780226827490

Ungulate Taxonomy

By: Colin Groves,Peter Grubb

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Ungulate Taxonomy

By: Colin Groves,Peter Grubb

A well-reasoned synthesis, Ungulate Taxonomy will be a defining volume for years to come.

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Page Count

330

Publisher

JHU Press

Published Date

ISBN 10

1421400936

ISBN 13

9781421400938

Commercial Law of Intellectual Property

By: Peter A. Alces,Harold See

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Commercial Law of Intellectual Property

By: Peter A. Alces,Harold See

Commercial legislation and intellectual property principles are experiencing dramatic adjustment as a result of technological, social, and legislative innovation. The Commercial Law of Intellectual Property provides comprehensive, in-depth analysis of the intersection of commercial law and intellectual property rights, including discussion of all applicable U.C.C. sections and other relevant legislation, as well as discussion of hundreds of cases in which intellectual property interests have been subject to U.C.C. provisions, with attention to such critical areas as: Intellectual property licensing, including shrink-wrap and click-wrap license agreements Licenses and other licensing arrangements that some courts view as valid contracts and others do not Representation, fitness, and disclaimer of liability in warranties, with special reference to computer systems and other intellectual property sales, leases, and licenses Unconscionability in the formation of intellectual property sales agreements Application of U.C.C. Article 2 and U.C.C. Article 2A to intellectual property Formation and performance terms of sales and lease contracts involving intellectual property Third-party interests in sales and lease transactions involving intellectual property Performance, repudiation, and excuse in intellectual property sales and lease contracts Intellectual property damages

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Page Count

774

Publisher

Wolters Kluwer

Published Date

ISBN 10

0735551286

ISBN 13

9780735551282

A Theory of Contract Law

Empirical Insights and Moral Psychology

By: Peter A. Alces

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A Theory of Contract Law

Empirical Insights and Moral Psychology

By: Peter A. Alces

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Page Count

349

Publisher

Oxford University Press, USA

Published Date

ISBN 10

0195371607

ISBN 13

9780195371604

The Moral Conflict of Law and Neuroscience

By: Peter A. Alces

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The Moral Conflict of Law and Neuroscience

By: Peter A. Alces

New insights offered by neuroscience have provoked discussions of the nature of human agency and responsibility. Alces draws on neuroscience to explore the internal contradictions of legal doctrines, and consider what would be involved in constructing novel legal regimes based on emerging understandings of human capacities and characteristics not only in criminal law but in contract and tort law."--Provided by publisher.

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Page Count

392

Publisher

University of Chicago Press

Published Date

ISBN 10

022651353X

ISBN 13

9780226513539

Trialectic

The Confluence of Law, Neuroscience, and Morality

By: Peter A. Alces

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Trialectic

The Confluence of Law, Neuroscience, and Morality

By: Peter A. Alces

Emerging neuroscientific insights are changing our understanding of what it means to be human. The resulting reconceptualization continues to impact law and the fit between law and morality. This book takes account of those developments and suggests that normative theory, particularly in its non-instrumental iterations, will be challenged, most profoundly. If we are, as the science suggests, nothing more than the coincidence of mechanical forces, then law and normative theory that depend on the immaterial and that would draw distinctions between the "mental" or "emotional" and the more manifestly physical are misguided, so misguided that they would actually undermine human thriving. Indeed, they already do. The ramifications of that conclusion are profound. Trialectic posits and investigates the impact of those ramifications on law"--

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Page Count

311

Publisher

University of Chicago Press

Published Date

ISBN 10

022682750X

ISBN 13

9780226827506

Book's by Peter A. Alces

A Theory of Contract Law

A Theory of Contract Law

The Moral Conflict of Law and Neuroscience

The Moral Conflict of Law and Neuroscience

Trialectic

Trialectic

Ungulate Taxonomy

Ungulate Taxonomy

Commercial Law of Intellectual Property

Commercial Law of Intellectual Property

A Theory of Contract Law

A Theory of Contract Law

The Moral Conflict of Law and Neuroscience

The Moral Conflict of Law and Neuroscience

Trialectic

Trialectic

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