BiblioVault - Books about Katz, Leo

Bad Acts and Guilty Minds

Conundrums of the Criminal Law

Leo Katz

University of Chicago Press, 1987

With wit and intelligence, Leo Katz seeks to understand the basic rules and concepts underlying the moral, linguistic, and psychological puzzles that plague the criminal law.

"Bad Acts and Guilty Minds . . . revives the mind, it challenges superficial analyses, it reminds us that underlying the vast body of statutory and case law, there is a rationale founded in basic notions of fairness and reason. . . . It will help lawyers to better serve their clients and the society that permits attorneys to hang out their shingles."—Edward N. Costikyan, New York Times Book Review

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Ill-Gotten Gains

Evasion, Blackmail, Fraud, and Kindred Puzzles of the Law

Leo Katz

University of Chicago Press, 1996

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

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The Punitive Imagination

Law, Justice, and Responsibility

Austin Sarat

University of Alabama Press, 2014

Presents a thought-provoking collection of five essays that explore the purposes and meanings of legal punishment in the United States, both culturally and socially

From the Gospel of Matthew to numerous US Supreme Court justices, many literary and legal sources have observed that how a society metes out punishment reveals core truths about its character. The Punitive Imagination is a collection of essays that engages and contributes to debates about the purposes and meanings of punishment in the United States.

The Punitive Imagination examines some of the critical assumptions that frame America's approach to punishment. It explores questions such as:
·         What is the place of concern for human dignity in our prevailing ideologies of punishment?
·         Can we justly punish the socially disadvantaged?
·         What assumptions about persons, social institutions, and the ordering of social space provide the basis for American punitiveness?
·         Who, if anyone, can be held responsible for excessively punitive criminal sentences?
·         How does punishment depend on prevailing views of free will, responsibility, desert, blameworthiness?
·         Where/how are those views subject to challenge in our punitive practices?

As Sarat posits in his introduction, the way a society punishes demonstrates its commitment to standards of judgment and justice, its distinctive views of blame and responsibility, its understandings of mercy and forgiveness, and its particular ways of responding to evil. He goes on to discuss the history of punishment in the United States and what it reveals about assumptions made about persons that “undergird” the American system of punishment.

The five additional contributors to The Punitive Imagination seek to illuminate what American practices of punishment tell us about who we are as a nation. Synthesizing cultural, sociological, philosophical, and legal perspectives, they offer a distinctive take on the meaning of punishment in America.

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Why the Law Is So Perverse

Leo Katz

University of Chicago Press, 2011

Conundrums, puzzles, and perversities: these are Leo Katz’s stock-in-trade, and in Why the Law Is So Perverse, he focuses on four fundamental features of our legal system, all of which seem to not make sense on some level and to demand explanation. First, legal decisions are essentially made in an either/or fashion—guilty or not guilty, liable or not liable, either it’s a contract or it’s not—but reality is rarely as clear-cut. Why aren’t there any in-between verdicts? Second, the law is full of loopholes. No one seems to like them, but somehow they cannot be made to disappear. Why? Third, legal systems are loath to punish certain kinds of highly immoral conduct while prosecuting other far less pernicious behaviors. What makes a villainy a felony? Finally, why does the law often prohibit what are sometimes called win-win transactions, such as organ sales or surrogacy contracts?

Katz asserts that these perversions arise out of a cluster of logical difficulties related to multicriterial decision making. The discovery of these difficulties dates back to Condorcet’s eighteenth-century exploration of voting rules, which marked the beginning of what we know today as social choice theory. Condorcet’s voting cycles, Arrow’s Theorem, Sen’s Libertarian Paradox—every seeming perversity of the law turns out to be the counterpart of one of the many voting paradoxes that lie at the heart of social choice. Katz’s lucid explanations and apt examples show why they resist any easy resolutions.

The New York Times Book Review called Katz’s first book “a fascinating romp through the philosophical side of the law.” Why the Law Is So Perverse is sure to provide its readers a similar experience.

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