Ill-Gotten Gains: Evasion, Blackmail, Fraud, and Kindred Puzzles of the Law
by Leo Katz
University of Chicago Press, 1996 Cloth: 978-0-226-42593-1 | Paper: 978-0-226-42594-8 Library of Congress Classification KF9350.K38 1996 Dewey Decimal Classification 364.163
ABOUT THIS BOOK | AUTHOR BIOGRAPHY | TOC | REQUEST ACCESSIBLE FILE
ABOUT THIS BOOK
In Ill-Gotten Gains, Leo Katz describes the underlying principles that not only guide the law but also moral decisions. Mixing wit with insight, anecdotes with analysis, Katz uncovers what is really at stake in crimes such as insider trading, blackmail, and plagiarism. With its startling conclusions and myriad twists, this book will fascinate all those intrigued by the perplexing relationship between morality and law.
"An ambitious and well-written book of legal and moral theory to overthrow both utilitarianism and its cousin, the economic approach to law."—Richard A. Posner, New Republic
"A good, well-written book full of interesting examples."—Library Journal
"[An] elegant defense of circumvention and subterfuge . . . a heroically counterintuitive book."—Malcolm Gladwell, New Yorker
AUTHOR BIOGRAPHY
Leo Katz is professor of law at the University of Pennsylvania and the author of Bad Acts and Guilty Minds, also published by the University of Chicago Press.
TABLE OF CONTENTS
Unsolved Crimes: An Introduction Part One - Avoidance and Evasion The Problem
The Problem Multiplied
Bogus Solutions
Loopholes without Laws
Loopholes and the Theologians
Could the Hairsplitters Be Right?
The Heart, the Lungs, and the Kidneys of the Matter
An Analogy: Legislation
A Further Analogy: Litigation
The Importance of Pedigree
Implications and Applications: Tax Law and Related Problems
Implications and Applications: Corporate Law and Related Problems
Further Implications and Applications: Cracking the Test, Beating the System, Avoiding the Ticket, and Other Deontological Tricks of Everyday Life
From Restructuring to Reframing
The Consequentialist Frame-Up
Indeterminacy and Doubt
The Short Answer Part Two - Blackmail and Other Criminal Bargains
The Problem
Blackmail in Relation to "Plain Vanilla" Coercion
Other People's Thoughts
A Puzzle about Punishment
The Punishment Puzzle Resolved
Blackmail Proper
An Objection: The Kreplach Problem
Another Blackmail Paradox
The Insider Trading Puzzle
A Red (But Not Unsavory) Herring: Ignorance and Incommensurability
Another Red Herring: The Hidden Victims of Insider Trading
The Real Problem with Insider Trading: First Version of the Argument
The Real Problem with Insider Trading: Second Version of the Argument
Blackmail, Insider Trading, and Amartya Sen's Libertarian Paradox
The Short Answer Part Three - The Misappropriation of Glory
The Problem
The Actus Reus of Doing Good
The Mens Rea of Doing Good
Causing Good
Assisting with the Good
Attempting the Good
Defenses and Detractions
Some Questions of Procedure
The Value of a Thing
The Short Answer
Denouement
Acknowledgments
Notes
Index
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Ill-Gotten Gains: Evasion, Blackmail, Fraud, and Kindred Puzzles of the Law
by Leo Katz
University of Chicago Press, 1996 Cloth: 978-0-226-42593-1 Paper: 978-0-226-42594-8
In Ill-Gotten Gains, Leo Katz describes the underlying principles that not only guide the law but also moral decisions. Mixing wit with insight, anecdotes with analysis, Katz uncovers what is really at stake in crimes such as insider trading, blackmail, and plagiarism. With its startling conclusions and myriad twists, this book will fascinate all those intrigued by the perplexing relationship between morality and law.
"An ambitious and well-written book of legal and moral theory to overthrow both utilitarianism and its cousin, the economic approach to law."—Richard A. Posner, New Republic
"A good, well-written book full of interesting examples."—Library Journal
"[An] elegant defense of circumvention and subterfuge . . . a heroically counterintuitive book."—Malcolm Gladwell, New Yorker
AUTHOR BIOGRAPHY
Leo Katz is professor of law at the University of Pennsylvania and the author of Bad Acts and Guilty Minds, also published by the University of Chicago Press.
TABLE OF CONTENTS
Unsolved Crimes: An Introduction Part One - Avoidance and Evasion The Problem
The Problem Multiplied
Bogus Solutions
Loopholes without Laws
Loopholes and the Theologians
Could the Hairsplitters Be Right?
The Heart, the Lungs, and the Kidneys of the Matter
An Analogy: Legislation
A Further Analogy: Litigation
The Importance of Pedigree
Implications and Applications: Tax Law and Related Problems
Implications and Applications: Corporate Law and Related Problems
Further Implications and Applications: Cracking the Test, Beating the System, Avoiding the Ticket, and Other Deontological Tricks of Everyday Life
From Restructuring to Reframing
The Consequentialist Frame-Up
Indeterminacy and Doubt
The Short Answer Part Two - Blackmail and Other Criminal Bargains
The Problem
Blackmail in Relation to "Plain Vanilla" Coercion
Other People's Thoughts
A Puzzle about Punishment
The Punishment Puzzle Resolved
Blackmail Proper
An Objection: The Kreplach Problem
Another Blackmail Paradox
The Insider Trading Puzzle
A Red (But Not Unsavory) Herring: Ignorance and Incommensurability
Another Red Herring: The Hidden Victims of Insider Trading
The Real Problem with Insider Trading: First Version of the Argument
The Real Problem with Insider Trading: Second Version of the Argument
Blackmail, Insider Trading, and Amartya Sen's Libertarian Paradox
The Short Answer Part Three - The Misappropriation of Glory
The Problem
The Actus Reus of Doing Good
The Mens Rea of Doing Good
Causing Good
Assisting with the Good
Attempting the Good
Defenses and Detractions
Some Questions of Procedure
The Value of a Thing
The Short Answer
Denouement
Acknowledgments
Notes
Index
REQUEST ACCESSIBLE FILE
If you are a student who cannot use this book in printed form, BiblioVault may be able to supply you
with an electronic file for alternative access.
Please have the accessibility coordinator at your school fill out this form.
It can take 2-3 weeks for requests to be filled.
ABOUT THIS BOOK | AUTHOR BIOGRAPHY | TOC | REQUEST ACCESSIBLE FILE