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5 Case Logics, Rule Logics, and Legal Change: The End of Negligence
-
Richard Lempert
and Joseph Sanders
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Chapters in this book
- Frontmatter I
- Contents VII
- Preface XI
- 1 Introduction 1
-
PART I. Desert
- 2 Human Action and Responsibility Rules 13
- 3 The Answering Process 42
- 4 Case Logics: Some Determinants and Consequences 60
- 5 Case Logics, Rule Logics, and Legal Change: The End of Negligence 89
-
PART II. Disputes
- 6 Conflicts and Settlements: The Logic and Fairness of Bargains in a Game Theory Perspective 133
- 7 Alternative Styles of Dispute Processing 196
- 8 Creating New Systems: The Limits of Double Institutionalization 242
-
PART III. Distribution
- 9 The Ends of Social Justice: John Rawls and the Distribution of Welfare 279
- 10 Corporate Actors and Social Justice: Business Corporations, Labor Unions, and the Problems of Collective Action 306
- 11 Pursuing Equality: Law as a Force for Social Change 352
- 12 Law Application and the Possibility of Autonomy 401
- 13 Styles of Law and the Attainment of Social Justice 428
- 14 The Seamless Web: The Legal Order and Modern Society 476
- Bibliography 487
- List of Cases 506
- Acknowledgments 511
- Index 513
Chapters in this book
- Frontmatter I
- Contents VII
- Preface XI
- 1 Introduction 1
-
PART I. Desert
- 2 Human Action and Responsibility Rules 13
- 3 The Answering Process 42
- 4 Case Logics: Some Determinants and Consequences 60
- 5 Case Logics, Rule Logics, and Legal Change: The End of Negligence 89
-
PART II. Disputes
- 6 Conflicts and Settlements: The Logic and Fairness of Bargains in a Game Theory Perspective 133
- 7 Alternative Styles of Dispute Processing 196
- 8 Creating New Systems: The Limits of Double Institutionalization 242
-
PART III. Distribution
- 9 The Ends of Social Justice: John Rawls and the Distribution of Welfare 279
- 10 Corporate Actors and Social Justice: Business Corporations, Labor Unions, and the Problems of Collective Action 306
- 11 Pursuing Equality: Law as a Force for Social Change 352
- 12 Law Application and the Possibility of Autonomy 401
- 13 Styles of Law and the Attainment of Social Justice 428
- 14 The Seamless Web: The Legal Order and Modern Society 476
- Bibliography 487
- List of Cases 506
- Acknowledgments 511
- Index 513