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Author : Viktor Vanberg
Publisher : Psychology Press
Page : 232 pages
File Size : 49,7 Mb
Release : 2001
Category : Business & Economics
ISBN : 0415154715
This book examines the institutional dimension of markets and the rules and institutions that condition the operation of market economies.
Author : Viktor Vanberg (Economiste)
Publisher : Unknown
Page : 128 pages
File Size : 52,7 Mb
Release : 2001
Category : Capitalism
ISBN : 0203751655
Author : Anna Chadwick,Eleonora Lozano-Rodríguez,Andrés Palacios-Lleras,Javier Solana
Publisher : Taylor & Francis
Page : 197 pages
File Size : 53,7 Mb
Release : 2022-09-19
Category : Law
ISBN : 9781000653618
This interdisciplinary collection examines the significance of constitutions in setting the terms and conditions upon which market economies operate. With some important exceptions, most notably from the tradition of Latin American constitutionalism, scholarship on constitutional law has paid negligible attention to questions of how constitutions relate to economic phenomena. A considerable body of literature has debated the due limits of the exercise of executive and legislative power, and discussions about legitimacy, democracy, and the adjudication of rights (civil and political, and socioeconomic) abound, yet scant attention has been paid by constitutional lawyers to the ways in which constitutions may protect and empower economic actors, and to how constitutions might influence the regulation and governance of specific markets. The contributors to this collection mobilize insights from other disciplines – including economic theory, history, and sociology – and consider the relationship between constitutional frameworks and bodies of law – including property law, criminal law, tax law, financial regulation, and human rights law – to advance understanding of how constitutions relate to markets and to the political economy. This book’s analysis of the role constitutions play in shaping markets will appeal to scholars and students in law, economics, history, politics, and sociology.
Author : James Willard Hurst
Publisher : The Lawbook Exchange, Ltd.
Page : 242 pages
File Size : 44,7 Mb
Release : 2001
Category : Law
ISBN : 9781584771364
The eminent legal scholar James Willard Hurst's sociological analysis of the relation between law and private business in relation to society at large Hurst argues that law and business support the same goals of efficiency and humanity, and examines their interrelationship toward that end in terms of ethical issues related to public policy, money supply, the impact of incremental change, inflation and deflation, monopoly and competition, and other economic factors. Based on Hurst's lectures at The University of Wisconsin in April, 1981. James Willard Hurst [1910-1997] is widely recognized as the father of modern American legal history. He taught at University of Wisconsin Law School. A prolific scholar and writer, Hurst's major works include The Growth of American Law: The Law Makers (1950), Law and The Conditions of Freedom in The Nineteenth-century United States (1956), Law and Economic Growth: The Legal History of the Wisconsin Lumber Industry 1835-1916 (1964), Law and Social Process in U.S. History (1960) and Law and Social Order in the United States (1977). CONTENTS Introduction: The Market, the Law, and Challenges of Scarcity Chapter 1 Law and the Constitution of the Market Chapter 2 The Market in Social Context Chapter 3 Bargaining through Law and through Markets Notes Sources Cited Index
Author : Gonzalo Villalta Puig,Eric C Ip
Publisher : Taylor & Francis
Page : 204 pages
File Size : 45,6 Mb
Release : 2023-02-22
Category : Law
ISBN : 9781000823981
On the 25th anniversary of the establishment of the Hong Kong Special Administrative Region of the People’s Republic of China, this book presents the first monographic study of the Hong Kong Basic Law as an economic document. The Basic Law codifies what Gonzalo Villalta Puig and Eric C Ip call free market constitutionalism, the logic of Hong Kong’s economic liberty as the freest market economy in the world. This book, which is the outcome of several years of study with the financial support of the General Research Fund of Hong Kong’s Research Grants Council, evaluates the public choice rationale of the Basic Law and its projection on the Hong Kong economy, with a focus on the policy development of economic liberty both internally and externally. In the academic tradition of James M Buchanan’s constitutional political economy, the book opens with a conceptualisation of free market constitutionalism in Hong Kong. It studies the origins of this concept in the 19th-century classically liberal common law and how it developed into a Hayekian laissez-faire convention under British colonial rule, was codified into the Basic Law and is interpreted and applied by the branches of the Government of the Region. The book closes with remarks on the future of Hong Kong’s free market constitutionalism in face of recent challenges as the year 2047 approaches and the 50 years of ‘unchanged’ capitalist system under the Basic Law pass. This book will appeal to students, scholars and practitioners of law, economics, political science and public administration. It will especially appeal to those with an interest in Hong Kong law, international economic law or comparative constitutional law.
Author : Stephen F. Copp
Publisher : Unknown
Page : 276 pages
File Size : 43,9 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 : Christian Joerges,Bo Stråth,Peter Wagner
Publisher : Psychology Press
Page : 252 pages
File Size : 40,7 Mb
Release : 2005
Category : Capitalism
ISBN : 1844720691
Presenting a novel view on the interaction between states and markets, this volume explores contemporary capitalism by regarding the economy as a polity, as an arrangement that is constituted by some collective agreements about its mode of operation.
Author : Stefan Voigt,Hans-Jürgen Wagener
Publisher : Edward Elgar Publishing
Page : 392 pages
File Size : 50,7 Mb
Release : 2002
Category : Business & Economics
ISBN : STANFORD:36105111845793
Papers from a workshop held at the Institute for Advanced Study, in Berlin, 2000.
Author : Timothy Kuhner
Publisher : Stanford Law Books
Page : 0 pages
File Size : 48,7 Mb
Release : 2014-06-25
Category : Law
ISBN : 0804791562
As of the latest national elections, it costs approximately $1 billion to become president, $10 million to become a Senator, and $1 million to become a Member of the House. High-priced campaigns, an elite class of donors and spenders, superPACs, and increasing corporate political power have become the new normal in American politics. In Capitalism v. Democracy, Timothy Kuhner explains how these conditions have corrupted American democracy, turning it into a system of rule that favors the wealthy and marginalizes ordinary citizens. Kuhner maintains that these conditions have corrupted capitalism as well, routing economic competition through political channels and allowing politically powerful companies to evade market forces. The Supreme Court has brought about both forms of corruption by striking down campaign finance reforms that limited the role of money in politics. Exposing the extreme economic worldview that pollutes constitutional interpretation, Kuhner shows how the Court became the architect of American plutocracy. Capitalism v. Democracy offers the key to understanding why corporations are now citizens, money is political speech, limits on corporate spending are a form of censorship, democracy is a free market, and political equality and democratic integrity are unconstitutional constraints on money in politics. Supreme Court opinions have dictated these conditions in the name of the Constitution, as though the Constitution itself required the privatization of democracy. Kuhner explores the reasons behind these opinions, reveals that they form a blueprint for free market democracy, and demonstrates that this design corrupts both politics and markets. He argues that nothing short of a constitutional amendment can set the necessary boundaries between capitalism and democracy.
Author : Geoffrey Brennan,James M. Buchanan
Publisher : Cambridge University Press
Page : 0 pages
File Size : 54,7 Mb
Release : 2008-08-28
Category : Business & Economics
ISBN : 0521070902
Societies function on the basis of rules. These rules, rather like the rules of the road, coordinate the activities of individuals who have a variety of goals and purposes. Whether the rules work well or ill, and how they can be made to work better, is a matter of major concern. Appropriately interpreted, the working of social rules is also the central subject matter of modern political economy. This book is about rules - what they are, how they work, and how they can be properly analysed. The authors' objective is to understand the workings of alternative political institutions so that choices among such institutions (rules) can be more fully informed. Thus, broadly defined, the methodology of constitutional political economy is the subject matter of The Reason of Rules. The authors have examined how rules for political order work, how such rules might be chosen, and how normative criteria for such choices might be established.
Author : Torsten Persson,Guido Tabellini
Publisher : MIT Press
Page : 324 pages
File Size : 50,7 Mb
Release : 2005-01-14
Category : Business & Economics
ISBN : 0262661926
The authors of The Economic Effects of Constitutions use econometric tools to study what they call the "missing link" between constitutional systems and economic policy; the book is an uncompromisingly empirical sequel to their previous theoretical analysis of economic policy. Taking recent theoretical work as a point of departure, they ask which theoretical findings are supported and which are contradicted by the facts. The results are based on comparisons of political institutions across countries or time, in a large sample of contemporary democracies. They find that presidential/parliamentary and majoritarian/proportional dichotomies influence several economic variables: presidential regimes induce smaller public sectors, and proportional elections lead to greater and less targeted government spending and larger budget deficits. Moreover, the details of the electoral system (such as district magnitude and ballot structure) influence corruption and structural policies toward economic growth.Persson and Tabellini's goal is to draw conclusions about the causal effects of constitutions on policy outcomes. But since constitutions are not randomly assigned to countries, how the constitutional system was selected in the first place must be taken into account. This raises challenging methodological problems, which are addressed in the book. The study is therefore important not only in its findings but also in establishing a methodology for empirical analysis in the field of comparative politics.
Author : Kal Raustiala
Publisher : Oxford University Press
Page : 326 pages
File Size : 46,7 Mb
Release : 2011
Category : History
ISBN : 9780199858170
The Bush Administration has notoriously argued that detainees at Guantanamo do not enjoy constitutional rights because they are held outside American borders. But where do rules about territorial legal limits such as this one come from? Why does geography make a difference for what legal rules apply? Most people intuitively understand that location affects constitutional rights, but the legal and political basis for territorial jurisdiction is poorly understood. In this novel and accessible treatment of territoriality in American law and foreign policy, Kal Raustiala begins by tracing the history of the subject from its origins in post-revolutionary America to the Indian wars and overseas imperialism of the 19th century. He then takes the reader through the Cold War and the globalization era before closing with a powerful explanation of America's attempt to increase its extraterritorial power in the post-9/11 world. As American power has grown, our understanding of extraterritorial legal rights has expanded too, and Raustiala illuminates why America's assumptions about sovereignty and territory have changed. Throughout, he focuses on how the legal limits of territorial sovereignty have diminished to accommodate the expanding American empire, and addresses how such limits ought to look in the wake of Iraq, Afghanistan, and the war on terror. A timely and engaging narrative, Does the Constitution Follow the Flag? will change how we think about American territory, American law, and-ultimately-the changing nature of American power.
Author : Robert D. Cooter
Publisher : Princeton University Press
Page : 435 pages
File Size : 41,7 Mb
Release : 2020-06-30
Category : Law
ISBN : 9780691214504
Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories from economics and political science, particularly those developed from game theory, Cooter's economic analysis of constitutions fundamentally recasts a field of growing interest and dramatic international importance. By uncovering the constitutional incentives that influence citizens, politicians, administrators, and judges, Cooter exposes fault lines in alternative forms of democracy: unitary versus federal states, deep administration versus many elections, parliamentary versus presidential systems, unicameral versus bicameral legislatures, common versus civil law, and liberty versus equality rights. Cooter applies an efficiency test to these alternatives, asking how far they satisfy the preferences of citizens for laws and public goods. To answer Cooter contrasts two types of democracy, which he defines as competitive government. The center of the political spectrum defeats the extremes in "median democracy," whereas representatives of all the citizens bargain over laws and public goods in "bargain democracy." Bargaining can realize all the gains from political trades, or bargaining can collapse into an unstable contest of redistribution. States plagued by instability and contests over redistribution should move towards median democracy by increasing transaction costs and reducing the power of the extremes. Specifically, promoting median versus bargain democracy involves promoting winner-take-all elections versus proportional representation, two parties versus multiple parties, referenda versus representative democracy, and special governments versus comprehensive governments. This innovative theory will have ramifications felt across national and disciplinary borders, and will be debated by a large audience, including the growing pool of economists interested in how law and politics shape economic policy, political scientists using game theory or specializing in constitutional law, and academic lawyers. The approach will also garner attention from students of political science, law, and economics, as well as policy makers working in and with new democracies where constitutions are being written and refined.
Author : Mary Anne Franks
Publisher : Stanford University Press
Page : 310 pages
File Size : 51,8 Mb
Release : 2019-05-14
Category : Political Science
ISBN : 9781503609105
“A powerful challenge to the prevailing constitutional orthodoxy of the right and the left . . . A deeply troubling and absolutely vital book” (Mark Joseph Stern, Slate). In this provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Franks demonstrates how constitutional fundamentalists read the Constitution selectively and self-servingly, thus undermining the integrity of the document as a whole. She goes on to argue that economic and civil libertarianism have merged to produce a deregulatory, “free-market” approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The fetishization of the first and second amendments has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.
Author : Paul de Grauwe
Publisher : Oxford University Press
Page : 182 pages
File Size : 42,6 Mb
Release : 2017
Category : Capitalism
ISBN : 9780198784289
The old discussion of 'Market or State' is obsolete. There will always have to be a mix of market and state. The only relevant question is what that mix should look like. How far do we have to let the market go its own way in order to create as much welfare as possible for everyone? What is the responsibility of the government in creating welfare? These are difficult questions. But they are also interesting questions and Paul De Grauwe analyses them in this book. The desired mix of market and state is anything but easy to bring about. It is a difficult and sometimes destructive process that is constantly in motion. There are periods in history in which the market gains in importance. During other periods the opposite occurs and government is more dominant. The turning points in this pendulum swing typically seem to coincide with disruptive events that test the limits of market and state. Why we experience this dynamic is an important theme in the book. Will the market, which today is afforded a greater and greater role due to globalization, run up against its limits? Or do the financial crisis and growing income inequality show that we have already reached those limits? Do we have to brace ourselves for a rejection of the capitalist system? Are we returning to an economy in which the government is running the show?