Law in Perspective: Ethics, Society and Critical Thinking

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UNSW Press, 2005 - Law - 421 pages
Encourages critical, responsible and creative thinking about law as a system of ideas and as a social institution. It explores the relationships between law, logic and science, examines the socio-economic role of law and asks what role the legal system plays in alleviating or exacerbating contemporary social problems, such as crime and punishment, terrorism, refugees and tort law reform.
 

Contents

Legal reasoning
35
Formal fallacies and fallacies of relevance
49
Science and statistics
76
Causation and the precautionary principle
95
Theoretical hypotheses
116
SECTION
137
Normative ethics
169
Liberalism
204
Is the market just?
270
Inheritance and returns to assets
284
SECTION THREE LAW AND CONTEMPORARY SOCIAL PROBLEMS
299
Tort law reform
301
Freedom of the will and criminal culpability
314
Crime and punishment
338
Terrorism and democratic rights
352
Refugees and the nationstate
370

Marxism and law
219
Efficiency and the market
234
Regulating the market
258
Notes
386
Index
404
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