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Legal Secrets (Paperback, 2nd ed.)
Loot Price: R1,464
Discovery Miles 14 640
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Legal Secrets (Paperback, 2nd ed.)
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Does the seller of a house have to tell the buyer that the water is
turned off twelve hours a day? Does the buyer of a great quantity
of tobacco have to inform the seller that the military blockade of
the local port, which had depressed tobacco sales and lowered
prices, is about to end? Courts say yes in the first case, no in
the second. How can we understand the difference in judgments? And
what does it say about whether the psychiatrist should disclose to
his patient's girlfriend that the patient wants to kill her?
Kim Lane Scheppele answers the question, Which secrets are legal
secrets and what makes them so? She challenges the economic theory
of law, which argues that judges decide cases in ways that maximize
efficiency, and she shows that judges use equality as an important
principle in their decisions. In the course of thinking about
secrets, Scheppele also explores broader questions about judicial
reasoning--how judges find meaning in legal texts and how they
infuse every fact summary with the values of their legal culture.
Finally, the specific insights about secrecy are shown to be
consistent with a general moral theory of law that indicates what
the content of law should be if the law is to be legitimate, a
theory that sees legal justification as the opportunity to attract
consent.
This is more than a book about secrets. It is also a book about the
limits of an economic view of law. Ultimately, it is a work in
constructive legal theory, one that draws on moral philosophy,
sociology, economics, and political theory to develop a new view of
legal interpretation and legal morality.
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