Get Facing Judicial Discretion: Legal Knowledge and Right PDF
By M. Iglesias Vila
ISBN-10: 0792367782
ISBN-13: 9780792367789
This booklet addresses the classical yet still nonetheless debatable query of what the position is of judicial discretion in adjudication. Its major objective is to debate the philosophical and epistemic foundations of 2 assorted criminal theories: Hartian positivism and Dworkin's interpretivism. making an allowance for the talk among realism and antirealism, the writer exhibits how Hartian positivism faces critical problems to prevent international scepticism, and the matter of rule-following by means of easily connecting felony determinacy with the lifestyles of settled conventions. by contrast, it's argued that Dworkin's interpretive concept can triumph over scepticism by way of connecting criminal determinacy with the belief of the simplest interpretation, and via rejecting externalism. in order to justifying this declare, the writer offers a reconstruction of Dworkin's philosophical place, which constructed alongside the strains of Putnam's inner realism and Rawls' reflective equilibrium. This booklet may be of curiosity to criminal theorists, legal professionals, judges, and philosophers.
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Extra resources for Facing Judicial Discretion: Legal Knowledge and Right Answers Revisited (Law and Philosophy Library)
Example text
For a history of bankruptcy law in this country, see Warren, C , Bankruptcy Law in United States History (1935). 30 A world without bankruptcy II. The Rehabilitation of Corporate Debtors In the century that followed the introduction of discharge in bankruptcy, relieving individuals of overwhelming debt came to be thought of as a good in its own right. Bankruptcy discharge policy was directed towards merchants. Only gradually were the benefits of a bankruptcy discharge extended to everyone. During the same period, however, bankruptcy discharge became less important for merchants.
Then if E(A{) represents the present value of the debtor's assets from its original projects and E(A2) is the present value 20 A theory of loan priorities of the new assets, the cushion of free assets that helps protect the initial lender against default will shrink if, in consequence of the later loan, E{A\) + E(A2)/Li + L2 < E(A)/L The satisfaction of this inequality is a sufficient condition for the value of the initial loan to fall. The smaller the cushion, the more likely asset value will fall below debt value when business reverses occur.
If the firm continued, it would use existing capital or raise new capital to retool. If the firm wound up, it would liquidate and divide its assets ratably among the shareholders. In either case, the process could be orderly. If the firm includes debt, however, there is no assurance of an orderly process. Creditors are different from shareholders in one important respect. A creditor has the right individually to collect his investment from a firm at some predetermined "maturity" or due date. In contrast, a shareholder's investment in a firm does not mature at any predetermined date.
Facing Judicial Discretion: Legal Knowledge and Right Answers Revisited (Law and Philosophy Library) by M. Iglesias Vila
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