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Theory of legislation

London,: K. Paul, Trench, Trübner & co.. Edited by Étienne Dumont & Richard Hildreth (1908)

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  1. Should We Aim for a Unified and Coherent Theory of Punishment?: Thom Brooks: Punishment. Routledge, New York, 2012, 282 pp., ISBN 978-0-415-43181-1, 978-0-415-43182-8.Mark Tunick - 2016 - Criminal Law and Philosophy 10 (3):611-628.
    Thom Brooks criticizes utilitarian and retributive theories of punishment but argues that utilitarian and retributive goals can be incorporated into a coherent and unified theory of punitive restoration, according to which punishment is a means of reintegrating criminals into society and restoring rights. I point to some difficulties with Brooks’ criticisms of retributive and utilitarian theories, and argue that his theory of punitive restoration is not unified or coherent. I argue further that a theory attempting to capture the complex set (...)
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  • Parallels in Preschoolers' and Adults' Judgments About Ownership Rights and Bodily Rights.Julia W. Van de Vondervoort & Ori Friedman - 2015 - Cognitive Science 39 (1):184-198.
    Understanding ownership rights is necessary for socially appropriate behavior. We provide evidence that preschoolers' and adults' judgments of ownership rights are related to their judgments of bodily rights. Four-year-olds and adults evaluated the acceptability of harmless actions targeting owned property and body parts. At both ages, evaluations did not vary for owned property or body parts. Instead, evaluations were influenced by two other manipulations—whether the target belonged to the agent or another person, and whether that other person approved of the (...)
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  • Chinese auditors' ethical behavior in an audit conflict situation.Ferdinand A. Gul, Andy Y. Ng & Marian Yew Jen Wu Tong - 2003 - Journal of Business Ethics 42 (4):379 - 392.
    This paper draws on the economics of ethical compliance model to examine the association between ethical reasoning, perceived risk of detection, perceived levels of penalties and Chinese auditors'' ethical behavior in an audit conflict situation. Using 53 Chinese auditors from Shenzen as subjects, and a survey questionnaire, this study found that there is a significant negative association between ethical reasoning and the likelihood of unethical behavior and that this negative association is weaker for auditors who perceive higher risks of detection.
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  • Panopticon in a Society Based on the Principles of Utilitarianism: The Aspects of Communication.Jovilė Barevičiūtė - 2012 - Santalka: Filosofija, Komunikacija 20 (1):32-39.
    The article deals with the analysis and interpretation of theoretical background of Jeremy Bentham’s project of Panopticon. In order to investigate the origins and objectives of this project, the first part of the article focuses on the social position of its author as the propagator of ethical doctrine of utilitarianism. It is argued that the Panopticon as the universal social institution is inseparable from the utilitarian principles, constituting the basis for its occurrence. The second part of the article discusses the (...)
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  • Tractable consumer choice.Daniel Friedman & József Sákovics - 2015 - Theory and Decision 79 (2):333-358.
    We present a rational model of consumer choice, which can also serve as a behavioral model. The central construct is λ\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\lambda $$\end{document}, the marginal utility of money, derived from the consumer’s rest-of-life problem. It provides a simple criterion for choosing a consumption bundle in a separable consumption problem. We derive a robust approximation of λ\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\lambda $$\end{document} and show how to incorporate liquidity constraints, (...)
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  • Unequal Property and Subjective Personality in Liberal Theories.Ross Zucker - 1993 - Ratio Juris 6 (1):86-117.
    A conception of the person as a subjective being plays a crucial, though frequently overlooked, role in the justification of unequal property in liberal theories. Unger's ascription of individualism to general liberal legal theory can be concretely defended with respect to liberal theories of property. Identifying a common fundamental structure calls in question the conventional view that the liberal legal theories rest on an ensemble of different moral foundations. So important is subjective personality to the moral basis for highly unequal (...)
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  • Preface to Social Theory of Property Rights.Ross Zucker - 1995 - Ratio Juris 8 (2):199-211.
    In the history of liberal theories of property, the predominant model deduces a right to highly unequal amounts of property from a premise that the person is primarily independent and self‐determined. But modem social theory, communitarianism and critical legal theory have generated strong support for an alternative premise of social self‐determination of the person. These theories have not, however, adequately explored the logical implications of social personality for the justifiable degree of equality of income under property right. This study reasons (...)
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  • Literatura, cuerpo y animalidad.Márcio Seligmann-Silva - 2018 - Arbor 194 (790):478.
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  • Sociobiological and Social Constructionist Accounts of Altruism: a Phenomenological Critique.Edwin E. Gantt & Jeffrey S. Reber - 1999 - Journal of Phenomenological Psychology 30 (2):14-38.
    Much theorizing about altruism has been undertaken within a naturalistic and deterministic sociobiological framework that has sought to explain altruistic action in terms of underlying genetic selfishness. Recently, however, social constructionist thinkers have developed an alternative to such theorizing which suggests that human action arises out of fundamentally open-ended and malleable social relationships. This paper intends to show, however, that a reductive egoism is nonetheless still at work in such accounts, typically taking the form of an underlying concern for matters (...)
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  • Frédéric Bastiat as an Austrian Economist.Mark Thornton - 2001 - Journal des Economistes Et des Etudes Humaines 11 (2).
    Bastiat is widely acknowledged as the most effective advocate of free markets, but his status as an economist is widely denied even by prominent Austrian economists who share his literary style and support for liberty. In particular, his theories of value and exchange have been attacked as a labor theory of value. Bastiat is exonerated here from these charges and is shown to fully oppose objective theories of value and to fully endorse the gains from free exchange. In addition, Bastiat (...)
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  • Possession: Common Sense and Law.R. S. Bhalla - 1992 - Ratio Juris 5 (1):79-91.
    Abstract.This article is written with a view to clarifying the following points: First, to understand the nature of possession, its origin must be kept in mind. Possession is not a legal invention, it is a pre‐legal fact. Second, possession whether in law or in common sense is a de facto control. There is no difference between possession in law and possession in fact. Third, different types of rules and policies of law to deal with possession, do not change the contents (...)
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