
Punishment, Compensation, and Law: A Theory of Enforceability
by Mark R. ReiffBuy New
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Summary
Table of Contents
Acknowledgments | p. ix |
Introduction | p. 1 |
The Means of Enforcement | p. 17 |
Physical Force | p. 19 |
Strategic Power | p. 22 |
Moral Condemnation and Regret | p. 25 |
Social Criticism and the Withdrawal of Social Cooperation | p. 29 |
Automatic Sanctions | p. 34 |
Legal Remedies | p. 40 |
The Goals of Enforcement | p. 45 |
The Three Critical Stages of Enforcement | p. 45 |
Previolation Enforceability and the Facilitation of Social Cooperation | p. 47 |
Postviolation Enforceability and the Facilitation of Social Conflict | p. 67 |
Acceptance and the Restoration of Social Cooperation | p. 75 |
Measuring Enforceability in the Previolation State of Affairs | p. 76 |
The Threat of Punishment and Previolation Enforceability | p. 77 |
The Promise of Compensation and Previolation Enforceability | p. 98 |
Measuring Enforceability in the Postviolation State of Affairs | p. 111 |
The Role of Deterrence | p. 112 |
Retribution Reconceived | p. 116 |
Retribution and Postviolation Enforceability | p. 141 |
Compensation and Postviolation Enforceability | p. 159 |
Previolation and Postviolation Enforceability Compared | p. 171 |
The Relationship between Previolation Expectations and Postviolation Practice | p. 175 |
Previolation Expectations and Postviolation Practice | p. 175 |
Publicity and Previolation Expectations | p. 181 |
Uncertainty and Previolation Expectations | p. 188 |
Limitations on the Means of Enforcement | p. 191 |
Legal Rights and Legal Remedies | p. 191 |
Legal Rights and Lawful Remedies | p. 199 |
The Threat or Imposition of Countersanctions | p. 204 |
Coda on the Advantages of a Unified Theory | p. 207 |
Special Problems with Legal Remedies | p. 213 |
Uncollectability | p. 213 |
Insurance and Other Forms of Burden Shifting | p. 215 |
Transaction Costs | p. 221 |
Nominal Damages | p. 226 |
Failures of Proof | p. 227 |
Errors in Determination | p. 229 |
The Enforcement of Rights in International Law | p. 231 |
The Value of Nominal Rights | p. 234 |
Sources of Previolation Value | p. 234 |
Sources of Postviolation Value | p. 239 |
Naked Rights and the Provision of Public Reasons for Action | p. 241 |
References | p. 243 |
Index | p. 253 |
Table of Contents provided by Ingram. All Rights Reserved. |
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