User:CheshireKatz/Notes

Legal Studies

Case Law

Riggs v. Palmer

Legal Principles

Substantial performance

Expectancy damages

Restitution damages

Reliance damages

Punitive damages

Nominal damages

Philosophy of Language

H.P. Grice's "cooperative principle" & his four maxims

Otto Neurath's Boat Analogy

Philosophy of Law

Positivism

John Austin's Legal Positivism

Jeremy Bentham's Panopticon

H.L.A. Hart's Rule of Recognition and Practice Theory of Social Rules

David Kellogg Lewis's description of how conventions come about from Convention: A Philosophical Study (as recounted by Andrei Marmor):

Standard instances of conventions are not agreements, rather they are practical (pragmatic) 
solutions to recurrent coordination problems. 

A typical coordination problem arises, according to Lewis, when:

Several agents have a particular structure of preferences with respect to their mutual modes of conduct, 
namely that between several alternatives of conduct open to them in a given set of circumstances,
each and every agent has a stronger preference to act as the other agents will,
than his own preference for acting upon any one of the particular alternatives.

Most coordination problems are easily solved by simple agreements between the agents to act upon one, 
arbitrary chosen alternative, thus securing uniformity of action among them.

However, when a particular coordination problem is recurrent, and agreement is difficult to obtain,
(mostly because of the large number of agents involved), a social rule is very likely to emerge,
and this rule is a convention.
- Coleman, Hart's Postscript, p.200

Interpretivism

Ronald Dworkin's Legal Interpretivism

Miscellaneous

Calvinball

Elder Wisdom Circle