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Focusing on the enforceability of legal rights, but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the world. Describing the various means by which restraints may be enforced, he explains how the sufficiency of enforcement can be measured. He also develops a new, unified theory of deterrence, retribution, and compensation that shows how various aspects of enforceability relate to one another. Reiff then applies his theory of enforceability to illuminate a variety of real-world problem situations.Read more
- Was the first and only comprehensive treatment of the problem of enforceability
- New and unified theory of deterrence, retribution, and compensation and their interrelationship
- Applies to all forms of restraint that govern our social life
Reviews & endorsements
"Mark Reiff's...[book]...is original. I intend this remark as high praise...Since Reiff poses questions and provides answers that are new, any legal philosopher interested in these matters will be stimulated by his unusual perspective...Reiff unquestionably has taken a novel approach to many important but frequently unaddressed problems in the philosophy of law."
-Douglas Husak, Notre Dame Philosophical ReviewsSee more reviews
“Reiff’s book is as ambitious as it is important. The book’s title understates its ambition. The title promises a book about punishment and compensation as means of enforcing law. The book delivers considerably more in at least two respects. First, though legal enforcement is a central focus of the book, its subject is in fact any consideration making it more likely than otherwise that a rule will be followed…Second, though much of the book is concerned with enforcement of legal rules, the theory proposed covers enforcement of any rule…The book is as much a contribution to moral and political philosophy as to the philosophy of law.”
—Michael Davis, Illinois Institute of Technology, Ethics
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- Date Published: March 2011
- format: Paperback
- isbn: 9780521174237
- length: 274 pages
- dimensions: 229 x 152 x 16 mm
- weight: 0.41kg
- availability: Available
Table of Contents
1. The means of enforcement
2. The goals of enforcement
3. Measuring enforceability in the pre-violation state of affairs
4. Measuring enforceability in the post-violation state of affairs
5. The relationship between pre-violation expectations and post-violation practice
6. Limitations on the means of enforcement
7. Special problems with legal remedies
8. The value of nominal rights.
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