The Legal Foundations Of Free Markets

Author : Stephen F. Copp
Publisher : Unknown
Page : 0 pages
File Size : 44,8 Mb
Release : 2023
Category : Electronic
ISBN : OCLC:1398446755

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The Legal Foundations of Free Markets by Stephen F. Copp Pdf

In this book, Stephen Copp has brought together some of the world's leading figures in the field of law and economics to discuss questions that are central to our understanding of 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 authors 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, the authors then proceed to look at specific problems 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. It is important 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.'This book is fantastic. It is a perfect blend of historical analysis, economics and legal theory, and should be on the bookshelf of every serious student in the field of Law and Economics.' Alex Robson, Australian National University.

Author : Stephen F. Copp
Publisher : Unknown
Page : 276 pages
File Size : 45,6 Mb
Release : 2008
Category : Business & Economics
ISBN : IND:30000124711379

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The Legal Foundations of Free Markets by Stephen F. Copp Pdf

In this book, Stephen Copp has brought together some of the world's leading figures in the field of law and economics to discuss questions that are central to our understanding of 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 authors 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, the authors then proceed to look at specific problems 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. It is important 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.

Author : John Rogers Commons
Publisher : Transaction Publishers
Page : 434 pages
File Size : 52,7 Mb
Release : 2024-06-26
Category : Electronic
ISBN : 9781412827461

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Legal Foundations of Capitalism by John Rogers Commons Pdf

Author : Cass R. Sunstein
Publisher : Oxford University Press
Page : 416 pages
File Size : 49,6 Mb
Release : 1999-03-18
Category : Political Science
ISBN : 9780195356175

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Free Markets and Social Justice by Cass R. Sunstein Pdf

The newest work from one of the most preeminent voices writing in the legal/political arena today, this important book presents a new conception of the relationship between free markets and social justice. The work begins with foundations--the appropriate role of existing "preferences," the importance of social norms, the question whether human goods are commensurable, and issues of distributional equity. Continuing with rights, the work shows that markets have only a partial but instrumental role in the protection of rights. The book concludes with a discussion on regulation, developing approaches that would promote both economic and democratic goals, especially in the context of risks to life and health. Free Markets and Social Justice develops seven basic themes during its discussion: the myth of laissez-faire; preference formation and social norms; the contextual character of choice; the importance of fair distribution; the diversity of human goods; how law can shape preferences; and the puzzles of human rationality. As the latest word from an internationally-renowned writer, this work will raise a number of important questions about economic analysis of law in its conventional form.

Author : Nathan Oman
Publisher : University of Chicago Press
Page : 312 pages
File Size : 41,5 Mb
Release : 2016
Category : Business & Economics
ISBN : 9780226415529

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The Dignity of Commerce by Nathan Oman Pdf

The Dignity of Commerce is a rigorous and novel exploration of moral justification of contract law through how it fosters well-functioning markets. Nathan B. Oman demonstrates how contract law deals overwhelmingly with the matters of commercial exchange, and how commerce in turn breeds habits of mind, or virtues, that support a liberal society. He also shows how markets provide a framework for peaceful cooperation across the fault lines of race, culture, religion, and politics that outdo even democratic political institutions. The Dignity of Commerce is ambitious in its aims and its conclusions and the implications are powerful. It is sure to elicit a serious discussion at the very heart of one of the most central areas of legal studies, and Nathan B. Oman has provided a clear, engaging, and comprehensive vehicle to get the discussion started.

Author : John R. Commons
Publisher : Unknown
Page : 394 pages
File Size : 49,7 Mb
Release : 1957
Category : Electronic
ISBN : OCLC:186828611

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Legal Foundations of Capitalism by John R. Commons Pdf

Author : Edward Wayne Younkins
Publisher : Lexington Books
Page : 386 pages
File Size : 55,8 Mb
Release : 2002
Category : Business & Economics
ISBN : 0739103814

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Capitalism and Commerce by Edward Wayne Younkins Pdf

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 : Mark D. White
Publisher : Cambridge University Press
Page : 283 pages
File Size : 52,9 Mb
Release : 2008-12-22
Category : Law
ISBN : 9781139476980

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Theoretical Foundations of Law and Economics by Mark D. White Pdf

The economic approach to law, or 'law and economics', is by far the most successful application of basic economic principles to another scholarly field, but most of the critical appraisal of the field is scattered among law reviews and economics journals. Theoretical Foundations of Law and Economics provides an original, book-length examination of the methodology and philosophy of law and economics, featuring essays written by leading legal scholars, philosophers, and economists. The contributors take issue with many of the key tenets of the economic approach to law, such as its assumption of rational behavior, its reliance on market analogies, and its adoption of efficiency as the primary goal of legal decision making. They discuss the relevance of economics to the law in general, as well as to substantive areas of the law, such as contracts, torts, and crime.

Author : Klaus Mathis
Publisher : Springer Science & Business Media
Page : 222 pages
File Size : 51,6 Mb
Release : 2009-03-18
Category : Law
ISBN : 9781402097980

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Efficiency Instead of Justice? by Klaus Mathis Pdf

Economic analysis of law is an interesting and challenging attempt to employ the concepts and reasoning methods of modern economic theory so as to gain a deeper understanding of legal problems. According to Richard A. Posner it is the role of the law to encourage market competition and, where the market fails because transaction costs are too high, to simulate the result of competitive markets. This would maximize economic efficiency and social wealth. In this work, the lawyer and economist Klaus Mathis critically appraises Posner’s normative justification of the efficiency paradigm from the perspective of the philosophy of law. Posner acknowledges the influences of Adam Smith and Jeremy Bentham, whom he views as the founders of normative economics. He subscribes to Smith’s faith in the market as an ideal allocation model, and to Bentham’s ethical consequentialism. Finally, aligning himself with John Rawls’s contract theory, he seeks to legitimize his concept of wealth maximization with a consensus theory approach. In his interdisciplinary study, the author points out the possibilities as well as the limits of economic analysis of law. It provides a method of analysing the law which, while very helpful, is also rather specific. The efficiency arguments therefore need to be incorporated into a process for resolving value conflicts. In a democracy this must take place within the political decision-making process. In this clearly written work, Klaus Mathis succeeds in making even non-economists more aware of the economic aspects of the law.

Author : Cento G. Veljanovski
Publisher : Cambridge University Press
Page : 7 pages
File Size : 44,9 Mb
Release : 2007-05-31
Category : Business & Economics
ISBN : 9781139464895

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Economic Principles of Law by Cento G. Veljanovski Pdf

Economic Principles of Law, first published in 2007, applies economics to the doctrines, rules and remedies of the common law. In plain English and using non-technical analysis, it offers an introduction and exposition of the 'economic approach' to law - one of the most exciting and vibrant fields of legal scholarship and applied economics. Beginning with a brief history of the field, it sets out the basic economic concepts useful to lawyers, and applies these to assess the core areas of the common law - property, contract, tort and crime - with particular emphasis on their doctrinal structure and remedies. This is done using leading cases drawn from the birthplace of the common law (England & Wales) and other common law jurisdictions. The book serves as a primer to the wider use of economics which has become increasingly important for law students, lawyers, legislators, regulators and those concerned with our legal system generally.

Author : American Bar Association. Section of Antitrust Law
Publisher : American Bar Association
Page : 178 pages
File Size : 49,6 Mb
Release : 2005
Category : Business & Economics
ISBN : 1590315219

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Market Power Handbook by American Bar Association. Section of Antitrust Law Pdf

Have you ever wondered what a therapist really thinks? Have you ever wondered if a therapist truly cares about her patients? Have you tried to imagine the unimaginable, the loss of the person most dear to you? Is it true that `tis better to have loved and lost, than never to have loved at all? ` Love and loss are a ubiquitous part of life, bringing the greatest joys and the greatest heartaches. In one way or another all relationships end. People leave, move on, die. Loss is an ever-present part of life. In Love and Loss, Linda B. Sherby illustrates that in order to grow and thrive, we must learn to mourn, to move beyond the person we have lost while taking that person with us in our minds. Love, unlike loss, is not inevitable but, she argues, no satisfying life can be lived without deeply meaningful relationships. The focus of Love and Loss is how patients' and therapists' independent experiences of love and loss, as well as the love and loss that they experience in the treatment room, intermingle and interact. There are always two people in the consulting room, both of whom are involved in their own respective lives, as well as the mutually responsive relationship that exists between them. Love and loss in the life of one of the parties affects the other, whether that affect takes place on a conscious or unconscious level. Love and Loss is unique in two respects.The first is its focus on the analyst's current life situation and how that necessarily affects both the patient and the treatment. The second is Sherby's willingness to share the personal memoir of her own loss which she has interwoven with extensive clinical material to clearly illustrate the effect the analyst's current life circumstance has on the treatment. Writing as both a psychoanalyst and a widow, Linda B. Sherby makes it possible for the reader to gain an inside view of the emotional experience of being an analyst, making this book of interest to a wide audience. Professionals from psychoanalysts and psychotherapists and bereavement specialists through students in all the mental health fields to the public in general, will resonate and learn from this heartfelt and straightforward book.

Author : Steven Shavell
Publisher : Harvard University Press
Page : 760 pages
File Size : 51,5 Mb
Release : 2009-07-01
Category : Law
ISBN : 9780674043497

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Foundations of Economic Analysis of Law by Steven Shavell Pdf

What effects do laws have? Do individuals drive more cautiously, clear ice from sidewalks more diligently, and commit fewer crimes because of the threat of legal sanctions? Do corporations pollute less, market safer products, and obey contracts to avoid suit? And given the effects of laws, which are socially best? Such questions about the influence and desirability of laws have been investigated by legal scholars and economists in a new, rigorous, and systematic manner since the 1970s. Their approach, which is called economic, is widely considered to be intellectually compelling and to have revolutionized thinking about the law. In this book Steven Shavell provides an in-depth analysis and synthesis of the economic approach to the building blocks of our legal system, namely, property law, tort law, contract law, and criminal law. He also examines the litigation process as well as welfare economics and morality. Aimed at a broad audience, this book requires neither a legal background nor technical economics or mathematics to understand it. Because of its breadth, analytical clarity, and general accessibility, it is likely to serve as a definitive work in the economic analysis of law.

Author : Sanford Ikeda
Publisher : Routledge
Page : 311 pages
File Size : 53,5 Mb
Release : 2002-09-11
Category : Business & Economics
ISBN : 9781134878680

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Dynamics of the Mixed Economy by Sanford Ikeda Pdf

Dynamics of the Mixed Economy applies the insights of modern Austrian political economy to examine economic policy in mixed economies. It compares and contrasts standard approaches to the growth of the state (including public choice) with that of modern Austrian political economy; examines in detail the nature and operation of the interventionist process in the context of nationalization, regulation and the welfare state; analyzes conditions that produce instability under laissez-faire capitalism; argues that the interventionist process is a 'spontaneous order'; and offers several 'pattern predictions' regarding the character and behaviour of really existing economies.

Author : Samuel Gregg
Publisher : Lexington Books
Page : 195 pages
File Size : 40,5 Mb
Release : 2007-03-29
Category : Business & Economics
ISBN : 9780739153208

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The Commercial Society by Samuel Gregg Pdf

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 : Bernard E. Harcourt
Publisher : Harvard University Press
Page : 337 pages
File Size : 40,6 Mb
Release : 2012-11-12
Category : Business & Economics
ISBN : 9780674971325

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The Illusion of Free Markets by Bernard E. Harcourt Pdf

It is widely believed today that the free market is the best mechanism ever invented to efficiently allocate resources in society. Just as fundamental as faith in the free market is the belief that government has a legitimate and competent role in policing and the punishment arena. This curious incendiary combination of free market efficiency and the Big Brother state has become seemingly obvious, but it hinges on the illusion of a supposedly natural order in the economic realm. The Illusion of Free Markets argues that our faith in “free markets” has severely distorted American politics and punishment practices. Bernard Harcourt traces the birth of the idea of natural order to eighteenth-century economic thought and reveals its gradual evolution through the Chicago School of economics and ultimately into today’s myth of the free market. The modern category of “liberty” emerged in reaction to an earlier, integrated vision of punishment and public economy, known in the eighteenth century as “police.” This development shaped the dominant belief today that competitive markets are inherently efficient and should be sharply demarcated from a government-run penal sphere. This modern vision rests on a simple but devastating illusion. Superimposing the political categories of “freedom” or “discipline” on forms of market organization has the unfortunate effect of obscuring rather than enlightening. It obscures by making both the free market and the prison system seem natural and necessary. In the process, it facilitated the birth of the penitentiary system in the nineteenth century and its ultimate culmination into mass incarceration today.