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This title was first published in 2002. The first series of The
International Library of Essays in Law and Legal Theory has
established itself as a major research resource. The rapid growth
of theoretically interesting scholarly work in law has increased a
demand for a Second Series which includes significant recent work
and also gives an opportunity to include additional areas of law.
The new series follows the successful pattern established in the
first of reproducing entire essays with the original page numbers
as an aid to comprehensive research and accurate referencing.
Volume editors have selected not only the most influential essays
but those which they consider will be of greatest continuing
importance. Each volume has an introduction which explains the
context and the significance of the essays chosen.
This title was first published in 2002. The first series of The
International Library of Essays in Law and Legal Theory has
established itself as a major research resource. The rapid growth
of theoretically interesting scholarly work in law has increased a
demand for a Second Series which includes significant recent work
and also gives an opportunity to include additional areas of law.
The new series follows the successful pattern established in the
first of reproducing entire essays with the original page numbers
as an aid to comprehensive research and accurate referencing.
Volume editors have selected not only the most influential essays
but those which they consider will be of greatest continuing
importance. Each volume has an introduction which explains the
context and the significance of the essays chosen.
Winner of the 2010 T.R. Fehrenbach Book Award Cowboys are an
American legend, but despite their ubiquity in history and popular
culture, misperceptions abound. Jacqueline M. Moore casts aside
romantic and one-dimensional images of cowboys by analyzing the
class, gender, and labor histories of ranching in Texas during the
second half of the nineteenth century. As working-class men,
cowboys showed their masculinity through their skills at work as
well as public displays in town. But what cowboys thought was manly
behavior did not always match those ideas of the business-minded
cattlemen, who largely absorbed middle-class masculine ideals of
restraint. Moore explores how, in contrast to the mythic image,
from the late 1870s on, as the Texas frontier became more settled
and the open range disappeared, the real cowboys faced increasing
demands from the people around them to rein in the very traits that
Americans considered the most masculine. Published in Cooperation
with the William P. Clements Center for Southwest Studies, Southern
Methodist University.
Private law governs our most pervasive relationships with other
people: the wrongs we do to one another, the property we own and
exclude from others' use, the contracts we make and break, and the
benefits realized at another's expense that we cannot justly
retain. The major rules of private law are well known, but how they
are organized, explained, and justified is a matter of fierce
debate by lawyers, economists, and philosophers. Ernest Weinrib
made a seminal contribution to the understanding of private law
with his first book, The Idea of Private Law. In it, he argued that
there is a special morality intrinsic to private law: the morality
of corrective justice. By understanding the nature of corrective
justice we understand the purpose of private law - which is simply
to be private law. In this new book Weinrib takes up and develops
his account of corrective justice, its nature, and its role in
understanding the law. He begins by setting out the conceptual
components of corrective justice, drawing a model of a moral
relationship between two equals and the rights and duties that
exist between them. He then explains the significance of corrective
justice for various legal contexts: for the grounds of liability in
negligence, contract, and unjust enrichment; for the relationship
between right and remedy; for legal education; for the comparative
understanding of private law; and for the compatibility of
corrective justice with state support for the poor. Combining legal
and philosophical analysis, Corrective Justice integrates a
concrete and wide-ranging treatment of legal doctrine with a
unitary and comprehensive set of theoretical ideas. Alongside the
revised edition of The Idea of Private Law, it will be essential
reading for all academics, lawyers, and students engaged in
understanding the foundations of private law.
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