Punishment And Political Theory

Overview

Australian law has arguably given expression to three moral duties relating to induced assumptions: the duty to keep promises, the duty not to lie and the duty to ensure the reliability of induced assumptions. This book expounds the third of these duties and shows how it can be used to shape equitable estoppel, a doctrine emerging from the decisions of the High Court of Australia in Waltons Stores and Verwayen. It does not purport to cover the entire law of estoppel, but does examine, analytically, how the ...
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Overview

Australian law has arguably given expression to three moral duties relating to induced assumptions: the duty to keep promises, the duty not to lie and the duty to ensure the reliability of induced assumptions. This book expounds the third of these duties and shows how it can be used to shape equitable estoppel, a doctrine emerging from the decisions of the High Court of Australia in Waltons Stores and Verwayen. It does not purport to cover the entire law of estoppel, but does examine, analytically, how the doctrine might operate in a series of problematic cases at the edge of contract law.
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Editorial Reviews

Booknews
Moral and legal philosophers, criminologists, and political theories grapple with the interdependence of the two topics in such dimensions as freedom, autonomy, coercion, and rights. They look at the compatibility of rights and utilitarianism and of autonomy and coercion in Kant's theory, the idea of punishment as communication and its place in a pluralist society, and other matters. Most of the nine essays were presented at a September 1997 conference in York, England. The US distribution is by ISBS. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9781901362886
  • Publisher: Hart Publishing (UK)
  • Publication date: 11/1/1998
  • Pages: 180
  • Product dimensions: 6.14 (w) x 9.21 (h) x 0.44 (d)

Table of Contents

Acknowledgements
Notes on Contributors
Introduction 1
1 Punishment in a Kantian Framework 10
2 Punishment and Rights 28
3 Punishment, Communication, and Community 48
4 Punishment, Penance, and the State: A Reply to Duff 69
Response to von Hirsch 83
5 Justifying Punishment in Intercultural Contexts: Whose Norms? Which Values? 88
6 "What to Say?": The Communicative Element in Punishment and Moral Theory 108
7 Punishment, Communication, and Resentment 124
8 Albert Speer, Guilt, and "The Space Between" 133
9 Penal Practices and Political Theory: An Agenda for Dialogue 152
Index 165
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