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: 0691090092

Category: Law

Page: 329

View: 5127

Publisher Fact Sheet Examines the relationship between economics & the law.

Foundations of Economic Analysis of Law

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Author: Steven Shavell

Publisher: Harvard University Press

ISBN: 0674043499

Category: Law

Page: 759

View: 6525

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.

Economic Analysis of Law

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Author: Richard A. Posner

Publisher: Wolters Kluwer Law & Business

ISBN: 1454845538

Category: Law

Page: 1056

View: 1292

Lucid, comprehensive, and definitive in its field, this text covers every aspect of economic analysis of the law. Features: Two new chapters, one on intellectual property, one on international and comparative law, both exploding fields of great importance. Earlier editions' questions have been converted to answers, making the book more accessible and informative. Revised to be clearer and less technical. More eclectic, reflecting recent criticisms of "rational choice" theory, in particular the need to supplement it with insights from psychology. Greater attention paid to judicial behavior, realistically modeled and explained in economic terms. Incorporates insights from the veritable explosion of books and articles published in the last few years on economic analysis of law.

Hidden Order

The Economics of Everyday Life

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Author: David D. Friedman

Publisher: Harperbusiness

ISBN: N.A

Category: Fiction

Page: 340

View: 5141

An economist and author of Price Theory explains how the fundamental principles of economics can be used to understand marriage, children, crime, war, and other important aspects of modern life. 20,000 first printing.

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: 2067

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.

Order without Law

How Neighbors Settle Disputes

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Author: Robert C. ELLICKSON,Robert C Ellickson

Publisher: Harvard University Press

ISBN: 0674036433

Category: Law

Page: 316

View: 8334

The Law

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Author: Frederic Bastiat

Publisher: Cosimo, Inc.

ISBN: 1596059648

Category: Business & Economics

Page: 68

View: 8461

French political libertarian and economist CLAUDE FRDRIC BASTIAT (1801-1850) was one of the most eloquent champions of the concept that property rights and individual freedoms flowed from natural law. Here, in this 1850 classic, a powerful refutation of Karl Marx's Communist Manifesto, published two years earlier, Bastiat discusses: . what is law? . why socialism constitutes legal plunder . the proper function of the law . the law and morality . "the vicious circle of socialism" . the basis for stable government . and more.

Model Rules of Professional Conduct

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Author: ABA Center for Professional Conduct

Publisher: American Bar Association

ISBN: 9781604425178

Category: Law

Page: 209

View: 7215

The Model Rules of Professional Conduct offers timely information on lawyer ethics. The black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules help lawyers identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the lawyer's relationship with clients, colleagues, and the courts.

Why People Obey the Law

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Author: Tom R. Tyler

Publisher: Princeton University Press

ISBN: 0691126739

Category: Law

Page: 299

View: 741

People obey the law if they believe it's legitimate, not because they fear punishment--this is the startling conclusion of Tom Tyler's classic study. Tyler suggests that lawmakers and law enforcers would do much better to make legal systems worthy of respect than to try to instill fear of punishment. He finds that people obey law primarily because they believe in respecting legitimate authority. In his fascinating new afterword, Tyler brings his book up to date by reporting on new research into the relative importance of legal legitimacy and deterrence, and reflects on changes in his own thinking since his book was first published.

Law and Social Norms

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Author: Eric A. Posner

Publisher: Harvard University Press

ISBN: 9780674042308

Category: Business & Economics

Page: 272

View: 3133

What is the role of law in a society in which order is maintained mostly through social norms, trust, and nonlegal sanctions? Eric Posner argues that social norms are sometimes desirable yet sometimes odious, and that the law is critical to enhancing good social norms and undermining bad ones. But he also argues that the proper regulation of social norms is a delicate and complex task, and that current understanding of social norms is inadequate for guiding judges and lawmakers. What is needed, and what this book offers, is a model of the relationship between law and social norms. The model shows that people's concern with establishing cooperative relationships leads them to engage in certain kinds of imitative behavior. The resulting behavioral patterns are called social norms. Posner applies the model to several areas of law that involve the regulation of social norms, including laws governing gift-giving and nonprofit organizations; family law; criminal law; laws governing speech, voting, and discrimination; and contract law. Among the engaging questions posed are: Would the legalization of gay marriage harm traditional married couples? Is it beneficial to shame criminals? Why should the law reward those who make charitable contributions? Would people vote more if non-voters were penalized? The author approaches these questions using the tools of game theory, but his arguments are simply stated and make no technical demands on the reader.

Discovery, Capitalism, and Distributive Justice

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Author: Israel M. Kirzner

Publisher: Liberty Fund

ISBN: 9780865978614

Category: Capitalism

Page: 288

View: 3079

Discovery, Capitalism, and Distributive Justice makes Kirzner's case for the idea that entrepreneurial profit is both essential for an economy and profoundly just. Asserting that the problem with standard criticism of capitalist income distribution is a failure to see capitalism as a "discovery procedure," Kirzner argues that production and subsequent profit are neither automatic nor guaranteed. This important contribution to the larger debate of the capitalist system clarifies core economic issues, so that the positive science of economics can enlighten our understanding of justice in capitalist distribution. Successful production always results from the discovery of an opportunity to obtain new gains from trade, i.e., the discovery of entrepreneurial profit. Kirzner shows that profit is the just and fair possession of its discoverer. This is what he calls the "finders-keepers" rule: "The finders-keepers rule asserts that an unowned object becomes the justly owned property of the first person who, discovering its availability and its potential value, takes possession of it." Richard Ebeling reviewed the work in 1989, saying, "the heart of Professor Kirzner's argument is that every discovery of a new opportunity is the appropriation of that which had not existed before a human mind had seen the potential in that object." Kirzner's monograph is complemented here by three important articles on the subject of economic justice, a critique of Kirzner's theory, and a reply from Kirzner to that critique. Kirzner's finders-keepers rule of entrepreneurial profit and market distribution stands as one of the foremost defenses of the distribution of income and profit in the free-enterprise system. Peter J. Boettke is University Professor of Economics and Philosophy at George Mason University and the BB&T Professor for the Study of Capitalism at the Mercatus Center. His publications include Living Economics, The Handbook of Contemporary Austrian Economics, and The Elgar Companion to Austrian Economics. He has been the editor of The Review of Austrian Economics since 1998. Frederic Sautet is Associate Professor at The Catholic University of America, School of Business and Economics. He is a specialist in Austrian market process theory and teaches entrepreneurship studies. He has taught at George Mason University of Paris Dauphine. He is the author of An Entrepreneurial Theory of the Firm and has published widely on entrepreneurship.

Blockchain and the Law

The Rule of Code

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Author: Primavera De Filippi De Filippi

Publisher: Harvard University Press

ISBN: 0674985915

Category: Law

Page: 250

View: 1758

Since Bitcoin appeared in 2009, the digital currency has been hailed as an Internet marvel and decried as the preferred transaction vehicle for all manner of criminals. It has left nearly everyone without a computer science degree confused: Just how do you “mine” money from ones and zeros? The answer lies in a technology called blockchain, which can be used for much more than Bitcoin. A general-purpose tool for creating secure, decentralized, peer-to-peer applications, blockchain technology has been compared to the Internet itself in both form and impact. Some have said this tool may change society as we know it. Blockchains are being used to create autonomous computer programs known as “smart contracts,” to expedite payments, to create financial instruments, to organize the exchange of data and information, and to facilitate interactions between humans and machines. The technology could affect governance itself, by supporting new organizational structures that promote more democratic and participatory decision making. Primavera De Filippi and Aaron Wright acknowledge this potential and urge the law to catch up. That is because disintermediation—a blockchain’s greatest asset—subverts critical regulation. By cutting out middlemen, such as large online operators and multinational corporations, blockchains run the risk of undermining the capacity of governmental authorities to supervise activities in banking, commerce, law, and other vital areas. De Filippi and Wright welcome the new possibilities inherent in blockchains. But as Blockchain and the Law makes clear, the technology cannot be harnessed productively without new rules and new approaches to legal thinking.

Law, Legislation and Liberty

A new statement of the liberal principles of justice and political economy

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Author: F. A. Hayek

Publisher: Routledge

ISBN: 1136246428

Category: Business & Economics

Page: 584

View: 5796

With a new foreword by Paul Kelly 'I regard Hayek's work as a new opening of the most fundamental debate in the field of political philosophy' – Sir Karl Popper 'This promises to be the crowning work of a scholar who has devoted a lifetime to thinking about society and its values. The entire work must surely amount to an immense contribution to social and legal philosophy' - Philosophical Studies Law, Legislation and Liberty is Hayek's major statement of political philosophy and one of the most ambitious yet subtle defences of a free market society ever written. A robust defence of individual liberty, it is also crucial for understanding Hayek’s influential views concerning the role of the state: far from being an innocent bystander, he argues that the state has an important role to play in defending the norms and practices of an ordered and free society. His arguments had a profound influence on the policies of Thatcher in the 1980s and resonate today in visions of the ‘Big Society’. First published in three separate volumes, this Routledge Classics edition makes one of his most important books available in a single volume. Essential reading for understanding the background to the recent world economic turmoil and financial crisis, it also foreshadows the subsequent heated debate about regulation and political governance if such disasters are to be avoided in the future.

A Matter of Interpretation: Federal Courts and the Law

Federal Courts and the Law

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Author: Antonin Scalia

Publisher: Princeton University Press

ISBN: 1400882958

Category: Law

Page: 200

View: 6106

We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.

The River Pollution Dilemma in Victorian England

Nuisance Law versus Economic Efficiency

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Author: Dr Leslie Rosenthal

Publisher: Ashgate Publishing, Ltd.

ISBN: 1472404203

Category: History

Page: 274

View: 3755

Nineteenth-century Britain witnessed a dramatic increase in its town population, as a hitherto largely rural economy transformed itself into an urban one. Though the political and social issues arising from these events are well-known, little is known about how the British legal process coped with the everyday strains that emerged from the unprecedented scale of these changes. This book explores the river pollution dilemma faced by the British courts during the second half of the nineteenth century when the legal process had to confront the new incompatible realities arising from the increasing amounts of untreatable waste flowing into the rivers. This dilemma struck at the heart of both Victorian urban and rural society, as the necessary sanitary reformation of the swelling cities and expanding industry increasingly poisoned the rivers, threatening the countryside and agricultural rents and livelihoods. Focusing on ten legal disputes, the book investigates the dilemma that faced the courts; namely how to protect the traditional and valued rights of landholders whose rivers and lands were being polluted by industrial waste and untreated sewage, whilst not hindering the progress of sanitary reform and economic progress in the towns. The case studies considered involve major industrialising centres, such as Birmingham, Leeds, Northampton, Wolverhampton and Barnsley, but also include smaller towns such as Tunbridge Wells, Leamington Spa and Harrogate. The fundamental issues raised remain as important today as they did in Victorian times. The need for the courts to balance a variety of conflicting needs and rights within the limits of contemporary technological capabilities often played out in surprising ways, with outcomes not always in line with theoretical expectations. As such the historical context of the disputes provide fascinating insights into nineteenth-century legal process, and the environmental and social attitudes of the times.

The Laws of Globalization and Business Applications

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Author: Pankaj Ghemawat

Publisher: Cambridge University Press

ISBN: 1107162920

Category: Business & Economics

Page: 260

View: 9737

This book explains not only why the world isn't flat but also the patterns that govern cross-border interactions.

Why Growth Matters

How Economic Growth in India Reduced Poverty and the Lessons for Other Developing Countries

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Author: Jagdish Bhagwati,Arvind Panagariya

Publisher: PublicAffairs

ISBN: 1610392728

Category: History

Page: 304

View: 3668

In its history since Independence, India has seen widely different economic experiments: from Jawharlal Nehru's pragmatism to the rigid state socialism of Indira Gandhi to the brisk liberalization of the 1990s. So which strategy best addresses India's, and by extension the world's, greatest moral challenge: lifting a great number of extremely poor people out of poverty? Bhagwati and Panagariya argue forcefully that only one strategy will help the poor to any significant effect: economic growth, led by markets overseen and encouraged by liberal state policies. Their radical message has huge consequences for economists, development NGOs and anti-poverty campaigners worldwide. There are vital lessons here not only for Southeast Asia, but for Africa, Eastern Europe, and anyone who cares that the effort to eradicate poverty is more than just good intentions. If you want it to work, you need growth. With all that implies.

The Report: Peru 2014

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Author: Oxford Business Group

Publisher: Oxford Business Group

ISBN: 1907065946

Category:

Page: 244

View: 9774

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.