Description

Book Synopsis
Does the seller of a house have to tell the buyer that the water is turned off twelve hours a day? Does the buyer of a great quantity of tobacco have to inform the seller that the military blockade of the local port, which had depressed tobacco sales and lowered prices, is about to end? Courts say yes in the first case, no in the second. How can we understand the difference in judgments? And what does it say about whether the psychiatrist should disclose to his patient's girlfriend that the patient wants to kill her? Kim Lane Scheppele answers the question, Which secrets are legal secrets and what makes them so? She challenges the economic theory of law, which argues that judges decide cases in ways that maximize efficiency, and she shows that judges use equality as an important principle in their decisions. In the course of thinking about secrets, Scheppele also explores broader questions about judicial reasoninghow judges find meaning in legal texts and how they infuse every fact sum

Legal Secrets Equality and Efficiency in the

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    A Paperback / softback by Kim Lane Scheppele

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      View other formats and editions of Legal Secrets Equality and Efficiency in the by Kim Lane Scheppele

      Publisher: The University of Chicago Press
      Publication Date: Publication Date: 10/04/1990
      ISBN13: 9780226737799, 978-0226737799
      ISBN10: 0226737799
      Also in:
      Politics and government

      Description

      Book Synopsis
      Does the seller of a house have to tell the buyer that the water is turned off twelve hours a day? Does the buyer of a great quantity of tobacco have to inform the seller that the military blockade of the local port, which had depressed tobacco sales and lowered prices, is about to end? Courts say yes in the first case, no in the second. How can we understand the difference in judgments? And what does it say about whether the psychiatrist should disclose to his patient's girlfriend that the patient wants to kill her? Kim Lane Scheppele answers the question, Which secrets are legal secrets and what makes them so? She challenges the economic theory of law, which argues that judges decide cases in ways that maximize efficiency, and she shows that judges use equality as an important principle in their decisions. In the course of thinking about secrets, Scheppele also explores broader questions about judicial reasoninghow judges find meaning in legal texts and how they infuse every fact sum

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