Wednesday, June 5, 2019

The Right to Do Wrong: Morality and the Limits of Law

Mark Osiel (University of Iowa College of Law), The Right to Do Wrong: Morality and the Limits of Law (Harvard University Press, 2019).

“Much of what we could do, we shouldn’t—and we don’t. We have a free-speech right to be offensive, but we know we will face outrage in response. We may declare bankruptcy, but not without stigma. Moral norms constantly demand more of us than the law requires, sustaining promises we can legally break and preventing disrespectful behavior the law allows.

Mark Osiel takes up this curious interplay between lenient law and restrictive morality, showing that law permits much wrongdoing because we assume that rights are paired with informal but enforceable duties. . . .For the most part, this system has worked. The Right to Do Wrong collects vivid case studies and social scientific research to explore how resistance to the exercise of rights picks up where law leaves off and shapes the legal system in turn.”

– Publisher’s description