Jeremy Bentham and Gary Becker established the tradition of analyzing criminal law in utilitarian and economic terms. This seminal book continues that tradition with specially commissioned, original papers that span the philosophical foundations of the use of economics in criminal law, both traditional economic perspectives and behavioral and experimental approaches to the discipline. The contributors examine and evaluate the optimal design of criminal law norms as well as the ideal structure of law enforcement institutions. They delineate what wrongs ought to be criminalized, identify the boundaries between criminal law and tort, and determine the optimal size of sanctions given the differential vulnerability of victims. They also analyze the special considerations that apply to the regulation of corporate crime, the effects of technology on crime, and the effects of the distribution of wealth on sentencing. This essential Handbook provides students and scholars of criminal law and law and economics the opportunity to explore the diversity of contemporary approaches to the economics of crime. Criminologists, sociologists and policy makers will also find it a valuable addition to their collections.
Jeremy Bentham and Gary Becker established the tradition of analyzing criminal law in utilitarian and economic terms. This seminal book continues that tradition with specially commissioned, original papers that span the philosophical foundations of the use of economics in criminal law, both traditional economic perspectives and behavioral and experimental approaches to the discipline. The contributors examine and evaluate the optimal design of criminal law norms as well as the ideal structure of law enforcement institutions. They delineate what wrongs ought to be criminalized, identify the boundaries between criminal law and tort, and determine the optimal size of sanctions given the differential vulnerability of victims. They also analyze the special considerations that apply to the regulation of corporate crime, the effects of technology on crime, and the effects of the distribution of wealth on sentencing. This essential Handbook provides students and scholars of criminal law and law and economics the opportunity to explore the diversity of contemporary approaches to the economics of crime. Criminologists, sociologists and policy makers will also find it a valuable addition to their collections.
Presents a provocative argument that standard justifications for political institutions and legal procedures are misguided, failing to account for law's distinctive value and popular appeal Multidisciplinary and accessible to students and experts in various fields such as lawyers, philosophers and political theorists Presents novel approaches to pressing political questions including the privatisation of prisons, privatisation of military operations and the use of torture in interrogation, A cross-jurisdictional work that illustrates its themes by using different legal systems including: US system, German Constitutional Law, the Israeli Legal system, the Indian Constitution Contemporary political and legal theory typically justifies the value of political and legal institutions on the grounds that such institutions bring about desirable outcomes - such as justice, security, and prosperity. In the popular imagination, however, many people seem to value public institutions for their own sake. The idea that political and legal institutions might be intrinsically valuable has received little philosophical attention. Why Law Matters presents the argument that legal institutions and legal procedures are valuable and matter as such, irrespective of their instrumental value. Harel advances the argument in several ways. Firstly, he examines the value of rights. Traditionally it is believed that rights are valuable because they promote the realisation of values such as autonomy. Instead Harel argues that the values underlying (some) rights are partially constructed by entrenching rights. Secondly he argues that the value of public institutions are not grounded (ONLY) in the contingent fact that such institutions are particularly accountable to the public. Instead, some goods are intrinsically public; their value hinges on their public provision. Thirdly he shows that constitutional directives are not mere contingent instruments to promote justice. In the absence of constitutional entrenchment of rights, citizens live "at the mercy of" their legislatures (even if legislatures protect justice adequately). Lastly, Harel defends judicial review on the grounds that it is an embodiment of the right to a hearing. The book shows that instrumental justifications fail to identify what is really valuable about public institutions and fail to account for their enduring appeal. More specifically legal theorists fail to be attentive to the sentiments of politicians, citizens and activists and to theorise public concerns in a way that is responsive to these sentiments. Readership: Legal and political philosophers, constitutional law theorists and academic lawyers, especially in constitutional law and human rights.
From its beginnings in Twilight fan-fiction to its record-breaking sales as an e-book and paperback, the story of the erotic romance novel Fifty Shades of Grey and its two sequels is both unusual and fascinating. Having sold over seventy million copies worldwide since 2011, E. L. James’s lurid series about a sexual ingénue and the powerful young entrepreneur who introduces her to BDSM sex has ingrained itself in our collective consciousness. But why have these particular novels—poorly written and formulaic as they are—become so popular, especially among women over thirty? In this concise, engaging book, Eva Illouz subjects the Fifty Shades cultural phenomenon to the serious scrutiny it has been begging for. After placing the trilogy in the context of best-seller publishing, she delves into its remarkable appeal, seeking to understand the intense reading pleasure it provides and how that resonates with the structure of relationships between men and women today. Fifty Shades, Illouz argues, is a gothic romance adapted to modern times in which sexuality is both a source of division between men and women and a site to orchestrate their reconciliation. As for the novels’ notorious depictions of bondage, discipline, and sadomasochism, Illouz shows that these are as much a cultural fantasy as a sexual one, serving as a guide to a happier romantic life. The Fifty Shades trilogy merges romantic fantasy with self-help guide—two of the most popular genres for female readers. Offering a provocative explanation for the success and popularity of the Fifty Shades of Grey novels, Hard-Core Romance is an insightful look at modern relationships and contemporary women’s literature.