1.. HARD CASES 5. Legal Rights A. Legislation . . . We might therefore do well to consider how a philosophical judge might develop, in appropriate cases, theories of what legislative purpose and legal principles require. We shall find that he would construct these theories in the same manner as a philosophical referee would construct the character of a game. I have invented, for this purpose, a lawyer of superhuman skill, learning, patience and acumen, whom I shall call Hercules. I suppose that Hercules is a judge in some representative American jurisdiction. I assume that he accepts the main uncontroversial constitutive and regulative rules of the law in his jurisdiction. He accepts, that is, that statutes have the general power to create and extinguish legal rights, and that judges have the general duty to follow earlier decisions of their court or higher courts whose rationale, as l

Taking Rights Seriously

The Concept Of Law

Unequal Democracy: The Political Economy of the New Gilded Age

Harvard Civil Rights: Civil Liberties Law Review

Thinking About Crime

The Application of Social Geometry Concerning the Administration of Justice in Cases of Assault

This study tests two hypotheses regarding factors affecting arrest of the perpetrator in domestic violence incidents. Black’s relational-distance thesis is that the probability of arrest increases with increasing relational distance between perpetrator and victim. Klinger’s leniency principle suggests that the probability of arrest is lower for male perpetrators assaulting female intimate partners, compared with other scenarios. The authors employed marginal logistic regression models using incident-based data from the National Survey of Violence and Threats of Violence Against Women and Men in the United States, 1994-1996, to test both effects. They found support for Black’s thesis: The likelihood of arrest was lower when the perpetrator was an acquaintance, a relative, or a romantic partner of the victim, versus a stranger. However, the authors’ results failed to support Klinger’s hypothesis. They found that men were more likely to be arrested when assaulting a female—regardless of relationship status—c...

William E Lally

Papers

The Application of Social Geometry Concerning the Administration of Justice in Cases of Assault

Gender and Relational-Distance Effects in Arrests for Domestic Violence: