Law's Order

What Economics Has to Do with Law and Why It Matters

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Author: David D. Friedman

Publisher: Princeton University Press

ISBN: 1400823471

Category: Law

Page: 344

View: 6718

What does economics have to do with law? Suppose legislators propose that armed robbers receive life imprisonment. Editorial pages applaud them for getting tough on crime. Constitutional lawyers raise the issue of cruel and unusual punishment. Legal philosophers ponder questions of justness. An economist, on the other hand, observes that making the punishment for armed robbery the same as that for murder encourages muggers to kill their victims. This is the cut-to-the-chase quality that makes economics not only applicable to the interpretation of law, but beneficial to its crafting. Drawing on numerous commonsense examples, in addition to his extensive knowledge of Chicago-school economics, David D. Friedman offers a spirited defense of the economic view of law. He clarifies the relationship between law and economics in clear prose that is friendly to students, lawyers, and lay readers without sacrificing the intellectual heft of the ideas presented. Friedman is the ideal spokesman for an approach to law that is controversial not because it overturns the conclusions of traditional legal scholars--it can be used to advocate a surprising variety of political positions, including both sides of such contentious issues as capital punishment--but rather because it alters the very nature of their arguments. For example, rather than viewing landlord-tenant law as a matter of favoring landlords over tenants or tenants over landlords, an economic analysis makes clear that a bad law injures both groups in the long run. And unlike traditional legal doctrines, economics offers a unified approach, one that applies the same fundamental ideas to understand and evaluate legal rules in contract, property, crime, tort, and every other category of law, whether in modern day America or other times and places--and systems of non-legal rules, such as social norms, as well. This book will undoubtedly raise the discourse on the increasingly important topic of the economics of law, giving both supporters and critics of the economic perspective a place to organize their ideas.

Maritime Piracy and Its Control: An Economic Analysis

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Author: C. Hallwood,T. Miceli

Publisher: Springer

ISBN: 1137461500

Category: Political Science

Page: 135

View: 7350

Maritime Piracy and its Control develops an economic approach to the problem of modern-day maritime piracy with the goal of assessing the effectiveness of remedies aimed at reducing the incidence of piracy.

Der ökonomische Code

wie wirtschaftliches Denken unser Handeln bestimmt

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Author: David Friedman

Publisher: N.A

ISBN: 9783492231817

Category:

Page: 507

View: 8858

The Report: Peru 2014

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Author: Oxford Business Group

Publisher: Oxford Business Group

ISBN: 1907065946

Category:

Page: 244

View: 3710

Over the past decade Peru has seen a period of transformative growth, effectively positioning it as one of the leading economic performers in Latin America. Posting growth rates in excess of 6% from 2010-12, the economy expanded by a further 5.1% in the first half of 2013. A major metals and minerals exporter with a burgeoning agricultural sector, Peru’s rapid economic growth has been the result of elevated global demand for commodities and key exports, as well as prudent fiscal planning and the expansion of non-primary sectors. With an investor-friendly legal framework, Peru has become a prime destination for foreign direct investment and was recently ranked the second-best country for doing business in Latin America by the World Bank. Despite ongoing social conflict related to extractive industries and a sizeable infrastructure gap, Peru’s stable macroeconomic environment and its efforts to diversify and guard against price volatility should ensure continued growth for this Andean economy.

Competition Law and Consumer Protection

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Author: Katalin Judit Cseres

Publisher: Kluwer Law International B.V.

ISBN: 9041123806

Category: Law

Page: 450

View: 9238

The assumption that competition law and consumer protection are mutually reinforcing is rarely challenged. The theory seems uncontroversial. However, because a positive interaction between the two is presumed to be self-evident, the frequent conflicts that do in fact arise are often dealt with on an ad hoc basis, with no overarching legal authority. There is a clear need for a detailed and coherent understanding of exactly where the complements and tensions between the two policy areas exist. Dr Cseres in-depth analysis provides that understanding. Proceeding from the dual perspective of law and economics that is, of justice, fairness, and reasonableness on the one hand, and of efficiency of the other she fully considers such underlying issues as the following: the role of competition law and consumer law in a free market economy;the notion of consumer welfare;the effect of the modernisation of EC competition law for consumers;economics theories of information, bounded rationality, and transaction costs;the special significance of vertical agreements and merger control; and,how consumers are affected by information asymmetries. The ultimate focus of the book is on current and emerging EC law, in which a rapprochement between the two areas seems to be under way. Dr. Cseres provides a knowledgeable guide to the various strands of theory, policy, and jurisprudence that (she shows) ought to be taken into account in the process, including schools of thought and law and policy experience in both Europe and the United States. A special chapter on Hungary, where post-1989 law and practice reveal a fresh and distinctly forward-looking understanding of the matter, is one of the book's most extraordinary features. Competition Law and Consumer Protection stands alone as a committed contribution to bridging a gap in legal knowledge the significance of which grows daily. It will be of immeasurable value to a wide range of professionals from academics and researchers to officials, policymakers, and practitioners in competition law, consumer protection advocacy, economic theory and planning, business administration, and various pertinent government authorities.

Human Rights and European Law

Building New Legal Orders

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Author: Mary Arden

Publisher: OUP Oxford

ISBN: 019104427X

Category: Political Science

Page: 350

View: 9299

Senior judges and politicians increasingly question the role of the EU and the European Court of Human Rights. Some call for a reconsideration of the influence of transnational courts in the legal life of the UK, while others argue for a repeal of the Human Rights Act in favour of a British Bill of Rights. Many perceive control of law-making as moving irreversibly away from the UK and into the hands of Europe. In contested domains like national security and individual freedoms there are concerns that the British national identity is being lost. Against this backdrop of confusion, Mary Arden's voice is one of reason. A senior judge who has been at the heart of dialogue between domestic and international judges, Mary Arden is uniquely placed to discuss the impact of developments in human rights and European law. In this major new collection of her writings, Mary Arden clarifies the issues at stake with the new European legal orders. She explains the major developments in simple terms, addresses core criticisms of the EU and the ECHR, and examines the practical effects of these institutions on domestic legislation and case law. In describing the far-reaching impact of EU law and the Human Rights Act, Mary Arden gives an insider's view of key conflicts including national security versus freedom of the individual, and freedom of the press versus the individual's right to privacy. She also outlines how domestic courts have been able to draw upon the decisions of Strasbourg in the key battlefields of media freedom, data protection, and national security.

Competition Laws, Globalization and Legal Pluralism

China's Experience

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Author: Qianlan Wu

Publisher: Bloomsbury Publishing

ISBN: 1782252193

Category: Law

Page: 242

View: 2383

Building upon a theoretical framework and empirical research, this book provides a thought-provoking analysis of the interests, strategies and challenges that China has faced in developing its Anti-Monopoly Law (AML) in the context of economic globalization. The book comprises three main parts: Part I reviews the directions of convergence of global competition law; Part II provides a contextual analysis of China's market governance and its strategic interests; and Part III examines the latest enforcement of the Anti-Monopoly Law by focusing on the interactions between global actors and China, the relationships between Chinese competition and sectoral regulators, and the enforcement of global competition law norms in the Chinese context. This book is one of the first to provide a critical understanding of China's experience as a new competition regulator, set against the background of the plural sources of global competition laws.

Capstone

Exemplary Lessons for High School Economics

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Author: National Council on Economic Education

Publisher: Council for Economic Educat

ISBN: 9781561835164

Category: Economics

Page: 125

View: 3828

This publication contains Capstone's student activities.

Geography, Economic And Regional

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Author: Phani Deka

Publisher: New Age International

ISBN: 9788122413816

Category:

Page: 278

View: 9218

The Plus Two Stage Of Secondary Education Is Considered To Be The Turning Point For Career Development. The Topics Of Study Need To Be Analysed With A New Perspective To Cope With The Changing Nature Of The Subject Matter. The Present Volume On Economic And Regional Geography Provides A Modern View Of The Present Day Location And Distribution Of Economic Phenomena And The Regional Characteristics Of Some Important Parts Of The World In General And India In Particular. The Book Is Written In Accordance With The New Syllabi Of The Secondary Education Adopted By The Higher Secondary Councils/Boards Of North Eastern States Of India From 1989-90 Session.In This Edition, The Text Has Been Suitably Revised And Updated. New Information Has Been Included In Various Chapters To Make The Book More Useful.

Unions and Workplace Reorganization

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Author: Bruce Nissen

Publisher: Wayne State University Press

ISBN: 9780814328859

Category: Political Science

Page: 240

View: 3577

The very fate of unions in this country may depend on their ability to deal effectively with the challenge of workplace restructuring. UNIONS AND WORKPLACE REORGANIZATION addresses many of the most important issues currently facing the U.S. labor movement.

How to Fix Copyright

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Author: William Patry

Publisher: Oxford University Press

ISBN: 0199912912

Category: Law

Page: 336

View: 1886

Do copyright laws directly cause people to create works they otherwise wouldn't create? Do those laws directly put substantial amounts of money into authors' pockets? Does culture depend on copyright? Are copyright laws a key driver of competitiveness and of the knowledge economy? These are the key questions William Patry addresses in How to Fix Copyright. We all share the goals of increasing creative works, ensuring authors can make a decent living, furthering culture and competitiveness and ensuring that knowledge is widely shared, but what role does copyright law actually play in making these things come true in the real world? Simply believing in lofty goals isn't enough. If we want our goals to come true, we must go beyond believing in them; we must ensure they come true, through empirical testing and adjustment. Patry argues that laws must be consistent with prevailing markets and technologies because technologies play a large (although not exclusive) role in creating consumer demand; markets then satisfy that demand. Patry discusses how copyright laws arose out of eighteenth-century markets and technology, the most important characteristic of which was artificial scarcity. Artificial scarcity was created by the existence of a small number gatekeepers, by relatively high barriers to entry, and by analog limitations on copying. Markets and technologies change, in a symbiotic way, Patry asserts. New technologies create new demand, requiring new business models. The new markets created by the Internet and digital tools are the greatest ever: Barriers to entry are low, costs of production and distribution are low, the reach is global, and large sums of money can be made off of a multitude of small transactions. Along with these new technologies and markets comes the democratization of creation; digital abundance is replacing analog artificial scarcity. The task of policymakers is to remake our copyright laws to fit our times: our copyright laws, based on the eighteenth century concept of physical copies, gatekeepers, and artificial scarcity, must be replaced with laws based on access not ownership of physical goods, creation by the masses and not by the few, and global rather than regional markets. Patry's view is that of a traditionalist who believes in the goals of copyright but insists that laws must match the times rather than fight against the present and the future.

Jeremy Bentham's Economic Writings

Volume One

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Author: Werner Stark

Publisher: Routledge

ISBN: 1136522689

Category: Business & Economics

Page: 414

View: 594

This volume covers the period 1787-1795 and contains The Defence of Usury, the Manual of Political Economy in its authentic form and two financial treatises which reflect Bentham's work to find a way in which govenment could be carried on without taxation.

Tort Law

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Author: Sue Hodge

Publisher: Routledge

ISBN: 1317436652

Category: Law

Page: 352

View: 2933

This textbook covers the Tort Law option of the A-level law syllabus, and provides at the same time an ideal introduction for anybody coming to the subject for the first time. The book covers all A-level syllabuses/specification requirements, and is written by the examiner in Tort Law for one of the major examination boards. It contains extensive case illustration, and a range of examination related questions and activities. There is a special focus on key skills, and on the new synoptic assessment syllabus requirements. This fully updated third edition builds upon the success of the first two editions, containing a new section on human rights and new case information such as Z v UK, Rees, Walters, Fairchild, Tomlinson, Marcic, Transco, National Blood, Mothercare, Douglas v Hello, Campbell v MGN. fully updated third edition coverage of OCR and AQA specifications, endorsed by OCR for use with Tort Law option includes new OCR synoptic assessment source materials (for use in examinations in June 2005) with additional guidance author is a Principal Examiner for one of the major examination boards new cases include Z v UK, Rees, Walters, Fairchild, Tomlinson, Marcic, Transco, National Blood, Mothercare, Douglas v Hello, Campbell v MGN, with expanded discussion of human rights and new health and safety regulations

Transforming Corporate Governance in East Asia

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Author: Curtis Milhaupt,Kon-Sik Kim,Hideki Kanda

Publisher: Routledge

ISBN: 1134106157

Category: Business & Economics

Page: 352

View: 7195

Over the past ten years, the corporate governance environment in East Asia has undergone a significant transformation. The Asian Financial crisis, together with Japan’s long economic malaise, undermined confidence in the corporate structures, governance practices, and regulatory oversight of firms in the region. Since that time, each of the countries in the region has been a hotbed of legislative, judicial, and market activity in the realm of corporate governance. This book takes stock of the most important recent corporate governance changes in the region and the challenges still to be overcome. The contributors pursue this objective, not by describing laundry lists of legal reforms and problems, but by focused in-depth legal analysis on specific issues facing the separate systems in the wake of - sometimes in spite of - the voluminous reforms and market changes of the past decade. Written by the leading corporate law scholars and policy advisors in East Asia and some of the most renowned scholars of comparative corporate governance in the United States, the papers are methodologically united in their careful attention to the impact, and limitations, of legal reforms on corporate governance in East Asia today.

Media Concentration and Democracy

Why Ownership Matters

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Author: C. Edwin Baker

Publisher: Cambridge University Press

ISBN: 1139461036

Category: Political Science

Page: N.A

View: 4126

Firmly rooting its argument in democratic and economic theory, the book argues that a more democratic distribution of communicative power within the public sphere and a structure that provides safeguards against abuse of media power provide two of three primary arguments for ownership dispersal. It also shows that dispersal is likely to result in more owners who will reasonably pursue socially valuable journalistic or creative objectives rather than a socially dysfunctional focus on the 'bottom line'. The middle chapters answer those agents, including the Federal Communication Commission, who favor 'deregulation' and who argue that existing or foreseeable ownership concentration is not a problem. The final chapter evaluates the constitutionality and desirability of various policy responses to concentration, including strict limits on media mergers.

Peace and Prosperity in an Age of Incivility

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Author: William Eric Davis

Publisher: University Press of America

ISBN: 9780761832485

Category: Biography & Autobiography

Page: 322

View: 5656

Peace and Prosperity in an Age of Incivility presents a comprehensive theory about peace and prosperity. It asserts that three core political values-liberty, order, and equality- must be allocated by societies through law and policy. This book shows that the optimal allocation is pure balance. Balance of values provides the origin of the "democratic peace," the observation that democracies rarely fight each other and when they do, it is brief, does not escalate, and quickly results in a diplomatic resolution. By building on simple forms of spatial and game theories, this stunning analysis shows that the democratic peace is a "Nash equilibrium," where no player has an incentive to deviate from the solution, given the choices of other "players." Democracy, because it fosters compromise, drives the political values of liberty, order, and equality to intersect in perfect, or at least relative, balance. Maximum peace and prosperity is the consequence of balancing critical values. A nation's level of peace and prosperity, while perhaps not great, will be no greater than when these core values are in balance.

Opening the Floodgates

Why America Needs to Rethink its Borders and Immigration Laws

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Author: Kevin R. Johnson

Publisher: NYU Press

ISBN: 0814743005

Category: Law

Page: 289

View: 3780

Seeking to re-imagine the meaning and significance of the international border, Opening the Floodgates makes a case for eliminating the border as a legal construct that impedes the movement of people into this country. Open migration policies deserve fuller analysis, as evidenced by President Barack Obama’s pledge to make immigration reform a priority. Kevin R. Johnson offers an alternative vision of how U.S. borders might be reconfigured, grounded in moral, economic, and policy arguments for open borders. Importantly, liberalizing migration through an open borders policy would recognize that the enforcement of closed borders cannot stifle the strong, perhaps irresistible, economic, social, and political pressures that fuel international migration. Controversially, Johnson suggests that open borders are entirely consistent with efforts to prevent terrorism that have dominated immigration enforcement since the events of September 11, 2001. More liberal migration, he suggests, would allow for full attention to be paid to the true dangers to public safety and national security.

Benefits Beyond Boundaries

Proceedings of the Vth IUCN World Parks Congress : Durban, South Africa 8-17 September 2003

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Author: IUCN--The World Conservation Union

Publisher: IUCN

ISBN: 9782831708294

Category: Nature

Page: 306

View: 2082

The Vth IUCN World Parks Congress was the largest gathering of protected area experts. In September 2003, some 3,000 participants met in Durban, South Africa for 10 days of reflection, discussion, debate and networking to consider the state of the world’s protected areas, the challenges they face and the opportunities that lie ahead. Are included the reports on the plenary sessions, symposia and workshop, as well as the main outputs from the event

Über die Pflicht zum Ungehorsam gegen den Staat

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Author: Henry David Thoreau

Publisher: BoD – Books on Demand

ISBN: 384308131X

Category: Political Science

Page: 36

View: 9615

Henry David Thoreau: Über die Pflicht zum Ungehorsam gegen den Staat Originaltitel: »The Resistance to Civil Government«. In der ersten Werkausgabe wurde daraus »Civil Disobedience« und später »On the Duty of Civil Disobedience«. Diese Übersetzung von David Adner steht unter einer Creative Commons Namensnennung Weitergabe unter gleichen Bedingungen 3.0 Deutschland Lizenz. Neuausgabe. Herausgegeben von Karl-Maria Guth. Berlin 2016. Umschlaggestaltung von Thomas Schultz-Overhage unter Verwendung des Bildes: Benjamin D. Maxham, Daguerreotype of Henry David Thoreau, 1856. Gesetzt aus der Minion Pro, 12 pt.