Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This insightful and highly readable Advanced Introduction provides a succinct, yet comprehensive, overview of legal reasoning, covering both reasoning from canonical texts and legal decision-making in the absence of rules. Overall, it argues that there are only two methods by which judges decide legal disputes: deductive reasoning from rules and unconstrained moral, practical, and empirical reasoning. discussion and analysis of the interpretive methods used in legal decision-making guidance for the reader through the debates on analogical reasoning and construction of legal principles a defense of intention-based interpretation of legal rules and natural reasoning in law. This Advanced Introduction will be an invaluable resource for students looking for an overview of the subject. It will also be useful for legal practitioners, scholars, and judges.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This insightful and highly readable Advanced Introduction provides a succinct, yet comprehensive, overview of legal reasoning, covering both reasoning from canonical texts and legal decision-making in the absence of rules. Overall, it argues that there are only two methods by which judges decide legal disputes: deductive reasoning from rules and unconstrained moral, practical, and empirical reasoning. discussion and analysis of the interpretive methods used in legal decision-making guidance for the reader through the debates on analogical reasoning and construction of legal principles a defense of intention-based interpretation of legal rules and natural reasoning in law. This Advanced Introduction will be an invaluable resource for students looking for an overview of the subject. It will also be useful for legal practitioners, scholars, and judges.

Is the United States Constitution the embodiment of certain principles? The four authors of this book for a variety of reasons, and with somewhat different emphases, believe the answer is no. Those who authored the Constitution no doubt all believed in liberty, equality, and, with caveats, republican self-government values, or if you will, principles. But they had different conceptions of those principles and what those principles entailed for constituting a government. Although the Constitution they created reflected, in some sense, their principles, the Constitution itself was a specific list of do's and don'ts that its creators hoped would gain the allegiance of the newly independent and sovereign states. And, for somewhat different reasons, the authors of this book believe that was a good thing.

This book presents a comprehensive overview of what the criminal law would look like if organized around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor s culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in the face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor s desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. They conclude with a discussion of rules versus standards in criminal law and offer a description of the shape of criminal law in the event that the authors conceptualization is put into practice."

This handbook consists of essays on contemporary issues in criminal law and their theoretical underpinnings. Some of the essays deal with the relationship between morality and criminalization. Others deal with criminalization in the context of specific crimes such as fraud, blackmail, and revenge pornography. The contributors also address questions of responsible agency such as the effects of addiction or insanity, and some deal with punishment, its mode and severity, and the justness of the state's imposition of it. These chapters are authored by some of the most distinguished scholars in the fields of applied ethics, criminal law, and jurisprudence.

This handbook consists of essays on contemporary issues in criminal law and their theoretical underpinnings. Some of the essays deal with the relationship between morality and criminalization. Others deal with criminalization in the context of specific crimes such as fraud, blackmail, and revenge pornography. The contributors also address questions of responsible agency such as the effects of addiction or insanity, and some deal with punishment, its mode and severity, and the justness of the state's imposition of it. These chapters are authored by some of the most distinguished scholars in the fields of applied ethics, criminal law, and jurisprudence.

Alexander and Horton have attempted to untangle one of the most difficult and potentially far-reaching questions in constitutional law: at what point does constitutional law leave off and `plain old law' remain to occupy the US legal system's field of play? In addressing this question the authors take on two of the most murky concepts in constitutional law, `state action; and `under color of law.' In their attempt to make sense of these notions they develop models that potentially could provide coherent, principled answers to the problems created by the Supreme Court in its decisions in this area. . . . This work, the first monographic treatment of this question, is written purposely at a fairly high level of abstraction and is clearly intended for advanced students and judicial decision makers. Recommended for advanced students. Choice Despite the guidelines provided in the Constitution, many fundamental constitutional issues remain open to debate after two centuries. One of the thorniest centers on the division of authority. Who is actually mandated by the U.S. Constitution to carry out the duties it imposes? Alexander and Horton address this question by developing several models of constitutional interpretation and applying them to state action, under color of law, and other complex doctrines in constitutional jurisprudence that have been created to deal with problems of distinguishing unconstitutional from merely illegal authority. Presenting three basic analytical models--legalist, naturalist, and governmental--together with several possible permutations, the authors clarify the assumptions underlying these current doctrinal tangles and illuminate many conflicts and inner inconsistencies of modern constitutional law. They examine the implications of each model in terms of its application to relevant court precedent and the way it would deal with specific constitutional provisions such as the Thirteenth and Fourth Amendments and the Commerce Clause. The authors conclude that only two of the possible models can be considered to be principled.

In 2009, Larry Alexander and Kimberly Ferzan published Crime and Culpability: A Theory of Criminal Law. The book set out a theory that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Reflections on Crime and Culpability: Problems and Puzzles expands on their innovative ideas on the application of punishment in criminal law. Theorists working in criminal law theory presuppose or ignore puzzles that lurk beneath the surface. Now those who wish to examine these topics will have one monograph that combines the disparate puzzles in criminal law through a unified approach to culpability. Along with some suggestions as to how they might resolve the puzzles, Alexander and Ferzan lay out the arguments and analysis so future scholars can engage with questions about our understanding of culpability that very few have addressed.

This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.

This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.

THE "NEW YORK TIMES" AND INTERNATIONAL BESTSELLER
Four days before Christmas 1943, a badly damaged American bomber struggled to fly over wartime Germany. At its controls was a 21-year-old pilot. Half his crew lay wounded or dead. It was their first mission. Suddenly, a sleek, dark shape pulled up on the bomber's tail--a German Messerschmitt fighter. Worse, the German pilot was an ace, a man able to destroy the American bomber in the squeeze of a trigger. What happened next would defy imagination and later be called "the most incredible encounter between enemies in World War II." This is the true story of the two pilots whose lives collided in the skies that day--the American--2nd Lieutenant Charlie Brown, a former farm boy from West Virginia who came to captain a B-17--and the German--2nd Lieutenant Franz Stigler, a former airline pilot from Bavaria who sought to avoid fighting in World War II. "A Higher Call" follows both Charlie and Franz's harrowing missions. Charlie would face takeoffs in English fog over the flaming wreckage of his buddies' planes, flak bursts so close they would light his cockpit, and packs of enemy fighters that would circle his plane like sharks. Franz would face sandstorms in the desert, a crash alone at sea, and the spectacle of 1,000 bombers each with eleven guns, waiting for his attack. Ultimately, Charlie and Franz would stare across the frozen skies at one another. What happened between them, the American 8th Air Force would later classify as "top secret." It was an act that Franz could never mention or else face a firing squad. It was the encounter that would haunt both Charlie and Franz for forty years until, as old men, they would search for one another, a last mission that could change their lives forever.

THE "NEW YORK TIMES" AND INTERNATIONAL BESTSELLER
December, 1943: A badly damaged American bomber struggles to fly over wartime Germany. At the controls is twenty-one-year-old Second Lieutenant Charlie Brown. Half his crew lay wounded or dead on this, their first mission. Suddenly, a Messerschmitt fighter pulls up on the bomber's tail. The pilot is German ace Franz Stigler--and he can destroy the young American crew with the squeeze of a trigger...
What happened next would defy imagination and later be called "the most incredible encounter between enemies in World War II."
The U.S. 8th Air Force would later classify what happened between them as "top secret." It was an act that Franz could never mention for fear of facing a firing squad. It was the encounter that would haunt both Charlie and Franz for forty years until, as old men, they would search the world for each other, a last mission that could change their lives forever.
INCLUDES PHOTOS

A new account of World War II heroism from the national bestselling author of "Biggest Brother."
Determined to retake the Philippines ever since his ignominious flight from the islands in 1942, General Douglas MacArthur organized a first- rate intelligence-gathering unit. They were called the Alamo Scouts.
Larry Alexander follows the men who made up the elite recon unit that served as General MacArthur's eyes and ears in the Pacific War. Drawing from personal interviews and testimonies from Scout veterans, Alexander weaves together the tales of the individual Scouts, who often spent weeks behind enemy lines to complete their missions. Now, more than sixty years after the war, the story of the Alamo Scouts will finally be told.

In 2009, Larry Alexander and Kimberly Ferzan published Crime and Culpability: A Theory of Criminal Law. The book set out a theory that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Reflections on Crime and Culpability: Problems and Puzzles expands on their innovative ideas on the application of punishment in criminal law. Theorists working in criminal law theory presuppose or ignore puzzles that lurk beneath the surface. Now those who wish to examine these topics will have one monograph that combines the disparate puzzles in criminal law through a unified approach to culpability. Along with some suggestions as to how they might resolve the puzzles, Alexander and Ferzan lay out the arguments and analysis so future scholars can engage with questions about our understanding of culpability that very few have addressed.

This book presents a comprehensive overview of what the criminal law would look like if organized around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor s culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in the face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor s desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. They conclude with a discussion of rules versus standards in criminal law and offer a description of the shape of criminal law in the event that the authors conceptualization is put into practice.

Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses common law reasoning when prior judicial decisions determine the law, and interpretation of texts. In both areas, the popular view that legal decision makers practice special forms of reasoning is false.

In this provocative book, Alexander offers a sceptical appraisal of the claim that freedom of expression is a human right. He examines the various contexts in which a right to freedom of expression might be asserted and concludes that such a right cannot be supported in any of these contexts. He argues that some legal protection of freedom of expression is surely valuable, though the form such protection will take will vary with historical and cultural circumstances and is not a matter of human right. Written in a clear and accessible style, this book will appeal to students and professionals in political philosophy, law, political science, and human rights.

In this provocative book, Alexander offers a sceptical appraisal of the claim that freedom of expression is a human right. He examines the various contexts in which a right to freedom of expression might be asserted and concludes that such a right cannot be supported in any of these contexts. He argues that some legal protection of freedom of expression is surely valuable, though the form such protection will take will vary with historical and cultural circumstances and is not a matter of human right. Written in a clear and accessible style, this book will appeal to students and professionals in political philosophy, law, political science, and human rights.

Rules perform a moral function by restating moral principles in concrete terms, so as to reduce the uncertainty, error, and controversy that result when individuals follow their own unconstrained moral judgment. Although reason dictates that we must follow rules to avoid destructive error and controversy, rules--and hence laws--are imperfect, and reason also dictates that we ought not follow them when we believe they produce the wrong result in a particular case. In "The Rule of Rules" Larry Alexander and Emily Sherwin examine this dilemma.
Once the importance of this moral and practical conflict is acknowledged, the authors argue, authoritative rules become the central problems of jurisprudence. The inevitable gap between rules and background morality cannot be bridged, they claim, although many contemporary jurisprudential schools of thought are misguided attempts to do so. Alexander and Sherwin work through this dilemma, which lies at the heart of such ongoing jurisprudential controversies as how judges should reason in deciding cases, what effect should be given to legal precedent, and what status, if any, should be accorded to "legal principles." In the end, their rigorous discussion sheds light on such topics as the nature of interpretation, the ancient dispute among legal theorists over natural law versus positivism, the obligation to obey law, constitutionalism, and the relation between law and coercion.
Those interested in jurisprudence, legal theory, and political philosophy will benefit from the edifying discussion in "The Rule of Rules.

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