Punishment, Compensation, and Law: A Theory of Enforceability

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Edition: 1st
Format: Paperback
Pub. Date: 2011-03-03
Publisher(s): Cambridge University Press
List Price: $41.99

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Summary

When it was originally published in 2005, this book was the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. 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. After describing the various means by which restraints may be enforced, Reiff explains how the sufficiency of enforcement can be measured, and he presents a unified theory of deterrence, retribution, and compensation that shows how these aspects of enforceability are interconnected. Reiff then applies his theory of enforceability to illuminate a variety of real-world problem situations.

Table of Contents

Acknowledgmentsp. ix
Introductionp. 1
The Means of Enforcementp. 17
Physical Forcep. 19
Strategic Powerp. 22
Moral Condemnation and Regretp. 25
Social Criticism and the Withdrawal of Social Cooperationp. 29
Automatic Sanctionsp. 34
Legal Remediesp. 40
The Goals of Enforcementp. 45
The Three Critical Stages of Enforcementp. 45
Previolation Enforceability and the Facilitation of Social Cooperationp. 47
Postviolation Enforceability and the Facilitation of Social Conflictp. 67
Acceptance and the Restoration of Social Cooperationp. 75
Measuring Enforceability in the Previolation State of Affairsp. 76
The Threat of Punishment and Previolation Enforceabilityp. 77
The Promise of Compensation and Previolation Enforceabilityp. 98
Measuring Enforceability in the Postviolation State of Affairsp. 111
The Role of Deterrencep. 112
Retribution Reconceivedp. 116
Retribution and Postviolation Enforceabilityp. 141
Compensation and Postviolation Enforceabilityp. 159
Previolation and Postviolation Enforceability Comparedp. 171
The Relationship between Previolation Expectations and Postviolation Practicep. 175
Previolation Expectations and Postviolation Practicep. 175
Publicity and Previolation Expectationsp. 181
Uncertainty and Previolation Expectationsp. 188
Limitations on the Means of Enforcementp. 191
Legal Rights and Legal Remediesp. 191
Legal Rights and Lawful Remediesp. 199
The Threat or Imposition of Countersanctionsp. 204
Coda on the Advantages of a Unified Theoryp. 207
Special Problems with Legal Remediesp. 213
Uncollectabilityp. 213
Insurance and Other Forms of Burden Shiftingp. 215
Transaction Costsp. 221
Nominal Damagesp. 226
Failures of Proofp. 227
Errors in Determinationp. 229
The Enforcement of Rights in International Lawp. 231
The Value of Nominal Rightsp. 234
Sources of Previolation Valuep. 234
Sources of Postviolation Valuep. 239
Naked Rights and the Provision of Public Reasons for Actionp. 241
Referencesp. 243
Indexp. 253
Table of Contents provided by Ingram. All Rights Reserved.

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