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Author : Eamonn Butler
Publisher : Unknown
Page : 0 pages
File Size : 53,7 Mb
Release : 2013
Category : Economic policy
ISBN : 0255366914
Author : John Rogers Commons
Publisher : The Lawbook Exchange, Ltd.
Page : 406 pages
File Size : 43,7 Mb
Release : 2012-06
Category : Capitalism
ISBN : 9781584775973
One of his most important American studies of labor economics published in the twentieth century, this book outlines an evolutionary and behavioral theory of value based on data drawn from court decisions. Analyzing the meaning of reasonable value as defined by the courts, he finds that the answer is based on a notion of reasonable conduct. Expanding this point to encompass the habits and customs of social life, he shows that court decisions are based on customs that are powerful forces shaping the economic system. In an early review Wesley Mitchell declared that Commons [1862-1945] carried this "analysis further along his chosen line than any of his predecessors. Into our knowledge of capitalism he has incorporated a great body of new materials which no one else has used adequately.": American Economic Review, XIV (1924) 253.
Author : Stephan Kinsella
Publisher : Unknown
Page : 0 pages
File Size : 47,7 Mb
Release : 2023-09-21
Category : Electronic
ISBN : 9798989030613
Legal Foundations of a Free Society is an updated selection of articles published over three decades dealing with a variety of issues in libertarian rights and legal theory, including the nature and foundations of libertarianism, rights and punishment theory, causation and responsibility, contract theory, and intellectual property. The chapters have been significantly revised and updated and integrated with each other with extensive cross-references, and with an extensive bibliography and index. "... more than 40 years after the first publication of Rothbard's Ethics of Liberty and characterized by much practical disappointment and increasing theoretical confusion, the publication of Stephan Kinsella's present work must be considered a most welcome sign of renewed hope and new, refreshing intellectual inspiration. Indeed, with this work, that has been in the making for more than two decades, Kinsella has produced no less than an intellectual landmark, establishing himself as the leading legal theorist and the foremost libertarian thinker of his generation. While following in Rothbard's footsteps, Kinsella's work does not merely rehash what has been said or written before. Rather, having absorbed as well all of the relevant literature that has appeared during the last few decades since Rothbard's passing, Kinsella in the following offers some fresh perspectives and an innovative approach to the age-old quest for justice, and he adds several highly significant refinements and improvements and some centrally important new insights to the theories of personhood, property and contract, most famously some radical criticism and rejection of the idea of 'intellectual property' and 'intellectual property rights.' ... Henceforth, then, all essential studies in the philosophy of law and the field of legal theory will have to take full account of the theories and criticisms expounded by Kinsella." -From the Foreword, by Hans-Hermann Hoppe
Author : Richard Allen EPSTEIN,Richard Allen Epstein
Publisher : Harvard University Press
Page : 377 pages
File Size : 53,7 Mb
Release : 2009-06-30
Category : Political Science
ISBN : 9780674036567
Too many laws, too many lawyers--that's the necessary consequence of a complex society, or so conventional wisdom has it. Countless pundits insist that any call for legal simplification smacks of nostalgia, sentimentality, or naivete. But the conventional view, the noted legal scholar Richard Epstein tells us, has it exactly backward. The richer texture of modern society allows for more individual freedom and choice. And it allows us to organize a comprehensive legal order capable of meeting the technological and social challenges of today on the basis of just six core principles. In this book, Epstein demonstrates how. The first four rules, which regulate human interactions in ordinary social life, concern the autonomy of the individual, property, contract, and tort. Taken together these rules establish and protect consistent entitlements over all resources, both human and natural. These rules are backstopped by two more rules that permit forced exchanges on payment of just compensation when private or public necessity so dictates. Epstein then uses these six building blocks to clarify many intractable problems in the modern legal landscape. His discussion of employment contracts explains the hidden virtues of contracts at will and exposes the crippling weaknesses of laws regarding collective bargaining, unjust dismissal, employer discrimination, and comparable worth. And his analysis shows how laws governing liability for products and professional services, corporate transactions, and environmental protection have generated unnecessary social strife and economic dislocation by violating these basic principles. Simple Rules for a Complex World offers a sophisticated agenda for comprehensive social reform that undoes much of the mischief of the modern regulatory state. At a time when most Americans have come to distrust and fear government at all levels, Epstein shows how a consistent application of economic and political theory allows us to steer a middle path between too much and too little.
Author : Roberto Gargarella
Publisher : Cambridge University Press
Page : 287 pages
File Size : 44,8 Mb
Release : 2010-04-12
Category : Political Science
ISBN : 9781139485982
The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.
Author : Ruby Ross Vale
Publisher : Unknown
Page : 232 pages
File Size : 52,9 Mb
Release : 1951
Category : Justice
ISBN : STANFORD:36105061305848
Author : Mustafa Acar,Souad Adnane,Azhar Aslam,Hasan Yücel Başdemir,Kathya Berrada,Maszlee Malik,Youcef Maouchi,Hicham El Moussaoui,M. A. Muqtedar Khan,Bican Şahin,Atilla Yayla
Publisher : London Publishing Partnership
Page : 212 pages
File Size : 53,8 Mb
Release : 2016-09-12
Category : Religion
ISBN : 9780255367295
Islam is growing rapidly both in its traditional homelands and in the West. Some in the West view Islam with a mixture of fear and suspicion. However, it is also fair to say that there is widespread ignorance about Islam, and especially about its relationship to political systems and the economy. Is Islam compatible with a free society and a free economy? Is the fact that many Muslim-majority states do not have free economies or polities a result of an incompatibility between Islam and political and economic freedom, or does it result from an unfortunate series of historical events? What role has past colonialism played in encouraging Muslim extremism? Exactly what does Islam have to say about freedom in economic, political and religious life? This book, written by a range of Islamic scholars, sheds a great deal of light on these crucial questions. It is an important book for those in the West who need to understand Islam better. It is also important for those in Muslim countries who can influence the development of political systems and economic policy. The publication of this book could not be more timely.
Author : Stephen F. Copp
Publisher : Unknown
Page : 276 pages
File Size : 47,6 Mb
Release : 2008
Category : Free enterprise
ISBN : IND:30000124711379
Bringing together some of the world's leading figures in the field of law and economics, this book discusses questions that are central to understanding how a free-market economy operates. Though most people accept that a free economy cannot exist in a legal vacuum, important questions about how systems of law come into being and what form they should take remain in dispute. The contributors shed light on some of these issues, such as whether common law systems are better than codified law systems; the relationship between natural law and government law; whether systems of law evolve within societies or are imposed from above by government; and the role of human rights as guaranteed by constitutions. After examining these questions, specific problems are examined that are frequently disputed by economists--such as the role of competition law; the relationship between law, regulation and economics; and, how the law can protect the environment without onerous regulation. This collection is an important contribution to the literature in the field of law and economics, both for economists who wish to understand more about the origins and purposes of law and regulation, and for lawyers who need to understand more about the economic foundations of sound legal systems. It contains contributions from Norman Barry, David Campbell, Richard A. Epstein, Samuel Gregg, Peter T. Leeson, Julian Morris, Anthony Ogus, and Cento Veljanovski.
Author : Adam D. Moore
Publisher : Penn State Press
Page : 248 pages
File Size : 44,8 Mb
Release : 2010
Category : Political Science
ISBN : 9780271036854
"Provides a definition and defense of individual privacy rights. Applies the proposed theory to issues including privacy versus free speech; drug testing; and national security and public accountability"--Provided by publisher.
Author : Matthew Lippman
Publisher : SAGE Publications
Page : 1126 pages
File Size : 46,7 Mb
Release : 2017-09-13
Category : Law
ISBN : 9781506395432
"This is a well-rounded book that seems more interesting to students than other books I have used. It provides information on some cutting-edge themes in law and society while staying well grounded in the theories used by law and society practitioners." —Lydia Brashear Tiede, Associate Professor, University of Houston Law and Society, Second Edition, offers a contemporary, concise overview of the structure and function of legal institutions, along with a lively discussion of both criminal and civil law and their impact on society. Unlike other books on law and society, Matthew Lippman takes an interdisciplinary approach that highlights the relevance of the law throughout our society. Distinctive coverage of diversity, inequality, civil liberties, and globalism is intertwined through an organized theme in a strong narrative. The highly anticipated Second Edition of this practical and invigorating text introduces students to both the influence of law on society and the influence of society on the law. Discussions of the pressing issues facing today’s society include key topics such as the law and inequality, international human rights, privacy and surveillance, and law and social control. Log in at study.sagepub.com/lippmanls2e for additional teaching and learning tools.
Author : Edward Wayne Younkins
Publisher : Lexington Books
Page : 386 pages
File Size : 40,5 Mb
Release : 2002
Category : Business & Economics
ISBN : 0739103814
In Capitalism and Commerce, Edward Younkins provides a clear and accessible introduction to the best moral and economic arguments for capitalism. Drawn from over a decade of business school teaching, Younkins's work offers the student of political economy and the educated layperson a clear, systematic treatment of the philosophical concepts that underpin the idea of capitalism and the business, legal, and political institutions that impact commercial enterprises. Divided into seven parts, the work discusses capitalism and morality; individuals, communities, and the role of the state; private and corporate ownership; entrepreneurship and technological progress; law, justice, and corporate governance; and the obstacles to a free market and limited government.
Author : Gregory Salmieri,Robert Mayhew
Publisher : University of Pittsburgh Press
Page : 436 pages
File Size : 49,5 Mb
Release : 2019-03-12
Category : Philosophy
ISBN : 9780822986539
Foundations of a Free Societybrings together some of the most knowledgeable Ayn Rand scholars and proponents of her philosophy, as well as notable critics, putting them in conversation with other intellectuals who also see themselves as defenders of capitalism and individual liberty. United by the view that there is something importantly right—though perhaps also much wrong—in Rand’s political philosophy, contributors reflect on her views with the hope of furthering our understandings of what sort of society is best and why. The volume provides a robust elaboration and defense of the foundation of Rand’s political philosophy in the principle that force paralyzes and negates the functioning of reason; it offers an in-depth scholarly discussion of Rand’s view on the nature of individual rights and the role of government in defending them; it deals extensively with the similarities and differences between Rand’s thought and the libertarian tradition (to which she is often assimilated) and objections to her positions arising from this tradition; it explores Rand’s relation to the classical liberal tradition, specifically with regard to her defense of freedom of the intellect; and it discusses her views on the free market, with special attention to the relation between these views and those of the Austrian school of economics.
Author : Adam D. Moore
Publisher : Penn State Press
Page : 227 pages
File Size : 46,5 Mb
Release : 2015-11-05
Category : Philosophy
ISBN : 9780271076089
We all know that Google stores huge amounts of information about everyone who uses its search tools, that Amazon can recommend new books to us based on our past purchases, and that the U.S. government engaged in many data-mining activities during the Bush administration to acquire information about us, including involving telecommunications companies in monitoring our phone calls (currently the subject of a bill in Congress). Control over access to our bodies and to special places, like our homes, has traditionally been the focus of concerns about privacy, but access to information about us is raising new challenges for those anxious to protect our privacy. In Privacy Rights, Adam Moore adds informational privacy to physical and spatial privacy as fundamental to developing a general theory of privacy that is well grounded morally and legally.
Author : Samuel Gregg
Publisher : Lexington Books
Page : 195 pages
File Size : 52,6 Mb
Release : 2007-03-29
Category : Business & Economics
ISBN : 9780739153208
Once relatively confined to parts of Europe and North America, commercial societies are now found in many other cultures and continents. Yet despite the international spread and growth of commercial order, the moral, economic, and legal foundations of commercial society remain poorly understood, especially in those countries where it first took root. Guided by the thoughts of Alexis de Tocqueville, Samuel Gregg's The Commercial Society identifies and explores the key foundational elements that must exist within a society for commercial order to take root and flourish. Gregg studies the challenges that have consistently impeded and occasionally undermined commercial order, including the persistence of 'corporatist' values and political movements seeking to equalize social conditions. This book offers a historically-grounded analysis for modern audiences interested in philosophy or the history of economics.
Author : Adam J. MacLeod,Robert L. McFarland
Publisher : Ingram
Page : 0 pages
File Size : 53,7 Mb
Release : 2017
Category : Jurisprudence
ISBN : 1531004636
Foundations of Law is designed to help law and pre-law students make sense of law in a changeful age. It is founded upon the conviction of the English jurist William Blackstone that students who intend to study law need both technical instruction in law and liberal education in the history and jurisprudential concepts of law. The book considers the enduring nature of law and its relationship to equity and justice with the assistance of the authors of what we today call the Great Books. It also emphasizes enduring aspects of legal practice: the role of logic; the meaning and importance of conscience and of due process; different approaches to textual interpretation; and the relation of law to other normative concepts (such as morality and religion) and to science (such as economics). The book surveys classic writings concerning law and justice--for example, the works of Sophocles, Plato, Aristotle, and Aquinas. It contains writings that are foundational to Anglo-American legal norms and institutions--Blackstone, Bentham, Locke, the Federalists, Lincoln, Holmes, and others. It includes helpful analytical insights from influential jurisprudence scholars--Austin, Hart, Hohfeld, Dworkin, and Finnis, among others. Most uniquely, it matches each of those writings with constitutions, declarations, statutes, judicial decisions, and other legal and political texts (even a letter from jail) that illustrate and reinforce the key lessons drawn from the great works. The book does not leave students adrift in abstractions. It provides a solid grounding for understanding and practicing law in a rapidly-changing world. Combines technical instruction in law with liberal education in the history and jurisprudential concepts of law. Provides a solid grounding in the enduring characteristics of law to enable students to understand and practice law in a rapidly-changing world. Surveys the great books concerning law, equity, and justice. Uniquely matches each great book excerpt with judicial decisions, statutes, proclamations, and other legal materials to illustrate how foundational concepts recur in contemporary legal norms and institutions and to illustrate and reinforce the key lessons drawn from the great works. Emphasizes enduring aspects of legal practice: the role of logic; the meaning and importance of conscience and of due process; different approaches to textual interpretation; and the relation of law to other normative concepts (such as morality and religion) and to science (such as economics). Surveys classic writings concerning law and justice--for example, the works of Sophocles, Plato, Aristotle, and Aquinas. Surveys writings that are foundational to Anglo-American legal norms and institutions--for example, the works of Blackstone, Bentham, Locke, the Federalists, Lincoln, and Holmes. Includes helpful analytical insights from influential jurisprudence scholars--Austin, Hart, Hohfeld, Dworkin, and Finnis, among others. Opens each chapter with reading questions to assist beginning students. Follows readings with notes to direct more advanced students to additional reading and further lines of inquiry.
