Why do people obey the law? Law deters crime by specifying sanctions, and because people internalize its authority. But Richard McAdams says law also generates compliance through its expressive power to coordinate behavior (traffic laws) and inform beliefs (smoking bans)—that is, simply by what it says rather than what it sanctions.
When asked why people obey the law, legal scholars usually give two answers. Law deters illicit activities by specifying sanctions, and it possesses legitimate authority in the eyes of society. Richard McAdams shifts the prism on this familiar question to offer another compelling explanation of how the law creates compliance: through its expressive power to coordinate our behavior and inform our beliefs. “McAdams’s account is useful, powerful, and—a rarity in legal theory—concrete...McAdams’s treatment reveals important insights into how rational agents reason and interact both with one another and with the law. The Expressive Powers of Law is a valuable contribution to our understanding of these interactions.” —Harvard Law Review “McAdams’s analysis widening the perspective of our understanding of why people comply with the law should be welcomed by those interested either in the nature of law, the function of law, or both...McAdams shows how law sometimes works by a power of suggestion. His varied examples are fascinating for their capacity both to demonstrate and to show the limits of law’s expressive power.” —Patrick McKinley Brennan, Review of Metaphysics
Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow
This book constitutes the thoroughly refereed post-conference proceedings of the 5th International Symposium on Computer Music Modeling and Retrieval, CMMR 2008 - Genesis of Meaning in Sound and Music, held in Copenhagen, Denmark, in May 2008. The 21 revised full papers presented were specially reviewed and corrected for this proceedings volume. CMMR 2008 seeks to enlarge upon the Sense of Sounds-concept by taking into account the musical structure as a whole. More precisely, the workshop will have as its theme Genesis of Meaning in Sound and Music. The purpose is hereby to establish rigorous research alliances between computer and engineering sciences (information retrieval, programming, acoustics, signal processing) and areas within the humanities (in particular perception, cognition, musicology, philosophy), as well as to globally address the notion of sound meaning and its implications in music, modeling and retrieval.
In 1925 the geological connection between Flint Ridge and Mammoth Cave was proved when dye placed in a Flint Ridge spring showed up in Echo River at Mammoth Cave. That tantalizing swirl of dye confirmed speculations that wereto tempt more than 650cavers over half a century with the thrill of being the first to make human passage of the cave connection. Roger Brucker and Richard Watson tell not only of their own twenty-year effort to complete the link but the stories of many others who worked their way through mud-choked crawlways less than a foot high only to find impenetrable blockages. Floyd Collins died a grisly death in nearby Sand Cave in1925, after being trapped there for 15 days. The wide press coverage of the rescue efforts stirred the imagination of the public and his body was on macabre display in a glass-topped coffin in Crystal Cave into the 1940s. Agents of a rival cave owner once even stole his corpse, which was recovered and still is in a coffin in the cave. Modern cavers still have a word with Floyd as they start their downward treks. Brucker and Watson joined the parade of cavers who propelled themselves by wiggling kneecaps, elbows, and toes through quarter-mile long crawlways, clinging by fingertips and boot toes across mud-slick walls, over bottomless pits, into gurgling streams beneath stone ceilings that descend to water level, down crumbling crevices and up mountainous rockfalls, into wondrous domed halls, and straight ahead into a blackness intensified rather than dispelled by the carbide lamps on their helmets. Over two decades they explored the passages with others who sought the final connection as vigorously as themselves. Pat Crowther, a young mother of two, joined them and because of her thinness became the member of the crew to go first into places no human had ever gone before. In that role, in July 1972, she wiggled her way through the Tight Spot and found the route that would link the Flint Ridge and Mammoth Cave systems into one cave extending 144.4 miles through the Kentucky limestone. In a new afterword to this edition the authors summarize the subsequent explorations that have more than doubled the established length of the cave system. Based upon geological evidence, the authors predict that new discoveries will add another 200 miles to the length of the world’s longest cave, making it over 500 miles long.
In Shakespearean Issues, Richard Strier has written a set of linked essays bound by a learned view of how to think about Shakespeare’s plays and also how to write literary criticism on them. The essays vary in their foci—from dealing with passages and key lines to dealing with whole plays, and to dealing with multiple plays in thematic conversation with each other. Strier treats the political, social, and philosophical themes of Shakespeare’s plays through recursive and revisionary close reading, revisiting plays from different angles and often contravening prevailing views. Part I focuses on characters. Moments of bad faith, of unconscious self-revelation, and of semi-conscious self-revelation are analyzed, along with the problem of describing characters psychologically and ethically. In an essay on “Happy Hamlet,” the famous melancholy of the prince is questioned, as is the villainy of Rosencrantz and Guildenstern, while another essay asks the reader to reconsider moral judgments and negative assessments of characters who may be flawed but do not seem obviously wicked, such as Edgar and Gloucester in King Lear. Part II moves to systems, arguing that Henry IV, Measure for Measure, and The Merchant of Venice raise doubts about fundamental features of legal systems, such as impartiality, punishments, and respect for contracts. Strier reveals King Lear’s radicalism, analyzing its concentration on poverty and its insistence on the existence and legitimacy of a material substratum to human life. Essays on The Tempest offer original takes on the play’s presentation of coercive power, of civilization and its discontents, and of humanist ideals. Part III turns to religious and epistemological beliefs, with Strier challenging prevailing views of Shakespeare’s relation to both. A culminating reading sees The Winter’s Tale as ultimately affirming the mind’s capacities, and as finding a place for something like religion within the world. Anyone interested in Shakespeare’s plays will find Shakespearean Issues bracing and thought-provoking.
With this book, Richard A. Epstein provides a spirited and systematic defense of classical liberalism against the critiques mounted against it over the past thirty years. One of the most distinguished and provocative legal scholars writing today, Epstein here explains his controversial ideas in what will quickly come to be considered one of his cornerstone works. He begins by laying out his own vision of the key principles of classical liberalism: respect for the autonomy of the individual, a strong system of private property rights, the voluntary exchange of labor and possessions, and prohibitions against force or fraud. Nonetheless, he not only recognizes but insists that state coercion is crucial to safeguarding these principles of private ordering and supplying the social infrastructure on which they depend. Within this framework, Epstein then shows why limited government is much to be preferred over the modern interventionist welfare state. Many of the modern attacks on the classical liberal system seek to undermine the moral, conceptual, cognitive, and psychological foundations on which it rests. Epstein rises to this challenge by carefully rebutting each of these objections in turn. For instance, Epstein demonstrates how our inability to judge the preferences of others means we should respect their liberty of choice regarding their own lives. And he points out the flaws in behavioral economic arguments which, overlooking strong evolutionary pressures, claim that individual preferences are unstable and that people are unable to adopt rational means to achieve their own ends. Freedom, Epstein ultimately shows, depends upon a skepticism that rightly shuns making judgments about what is best for individuals, but that also avoids the relativistic trap that all judgments about our political institutions have equal worth. A brilliant defense of classical liberalism, Skepticism and Freedom will rightly be seen as an intellectual landmark.
The United States spearheaded the creation of many international organizations and treaties after World War II and maintains a strong record of compliance across several issue areas, yet it also refuses to ratify major international conventions like the UN Convention on the Law of the Sea and the Convention on the Elimination of All Forms of Discrimination Against Women. Why does the U.S. often seem to support international law in one way while neglecting or even violating it in another? The United States and International Law: Paradoxes of Support across Contemporary Issues analyzes the seemingly inconsistent U.S. relationship with international law by identifying five types of state support for international law: leadership, consent, internalization, compliance, and enforcement. Each follows different logics and entails unique costs and incentives. Accordingly, the fact that a state engages in one form of support does not presuppose that it will do so across the board. This volume examines how and why the U.S. has engaged in each form of support across twelve issue areas that are central to 20th- and 21st-century U.S. foreign policy: conquest, world courts, war, nuclear proliferation, trade, human rights, war crimes, torture, targeted killing, maritime law, the environment, and cybersecurity. In addition to offering rich substantive discussions of U.S. foreign policy, their findings reveal patterns across the U.S. relationship with international law that shed light on behavior that often seems paradoxical at best, hypocritical at worst. The results help us understand why the United States engages with international law as it does, the legacies of the Trump administration, and what we should expect from the United States under the Biden administration and beyond.
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