EFFICIENCY INSTEAD OF JUSTICE 84 LAW AND PHILOSOPHY LIBRARY

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Efficiency Instead Of Justice

Author : Klaus Mathis
ISBN : 9781402097980
Genre : Law
File Size : 23.95 MB
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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.
Category: Law

Comparative Law And Economics

Author : Ugo Mattei
ISBN : 0472066498
Genre : Business & Economics
File Size : 73.76 MB
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The book links the study of comparative law with the study of law and economics
Category: Business & Economics

Efficiency Justice And Care

Author : Yvonne Denier
ISBN : 9781402052149
Genre : Philosophy
File Size : 88.60 MB
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This book attempts to answer the question how health care can be incorporated into a comprehensive theory of justice, while realising an acceptable balance between efficiency, justice and care. It seems to be that we can have any two but not all three. Essentially, the central question addressed by this book is the following: how best to square the proverbial welfare circle.
Category: Philosophy

Encyclopedia Of Ethics

Author : Lawrence C. Becker
ISBN : 9781135350963
Genre : Philosophy
File Size : 24.87 MB
Format : PDF
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The editors, working with a team of 325 renowned authorities in the field of ethics, have revised, expanded and updated this classic encyclopedia. Along with the addition of 150 new entries, all of the original articles have been newly peer-reviewed and revised, bibliographies have been updated throughout, and the overall design of the work has been enhanced for easier access to cross-references and other reference features. New entries include * Cheating * Dirty hands * Gay ethics * Holocaust * Journalism * Political correctness * and many more.
Category: Philosophy

A Theory Of Justice

Author : John RAWLS
ISBN : 0674017722
Genre : Philosophy
File Size : 79.50 MB
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In this book, Rawls aims to express an essential part of the common core of the democratic tradition - justice as fairness - and to provide an alternative to utilitarianism, which had dominated the Anglo-Saxon tradition of political thought since the nineteenth century. Rawls substitutes the ideal of the social contract as a more satisfactory account of the basic rights and liberties of citizens as free and equal persons. Advancing the ideas of Rousseau, Kant, Emerson, and Lincoln, Rawls's theory is as powerful today as it was when first published, in 1971.
Category: Philosophy

International Economic Law In The 21st Century

Author : Ernst-Ulrich Petersmann
ISBN : 9781847319814
Genre : Law
File Size : 63.40 MB
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The state-centred 'Westphalian model' of international law has failed to protect human rights and other international public goods effectively. Most international trade, financial and environmental agreements do not even refer to human rights, consumer welfare, democratic citizen participation and transnational rule of law for the benefit of citizens. This book argues that these 'multilevel governance failures' are largely due to inadequate regulation of the 'collective action problems' in the supply of international public goods, such as inadequate legal, judicial and democratic accountability of governments vis-a-vis citizens. Rather than treating citizens as mere objects of intergovernmental economic and environmental regulation and leaving multilevel governance of international public goods to discretionary 'foreign policy', human rights and constitutional democracy call for 'civilizing' and 'constitutionalizing' international economic and environmental cooperation by stronger legal and judicial protection of citizens and their constitutional rights in international economic law. Moreover intergovernmental regulation of transnational cooperation among citizens must be justified by 'principles of justice' and 'multilevel constitutional restraints' protecting rights of citizens and their 'public reason'. The reality of 'constitutional pluralism' requires respecting legitimately diverse conceptions of human rights and democratic constitutionalism. The obvious failures in the governance of interrelated trading, financial and environmental systems must be restrained by cosmopolitan, constitutional conceptions of international law protecting the transnational rule of law and participatory democracy for the benefit of citizens.
Category: Law

Territorial Rights

Author : Tamar Meisels
ISBN : 9781402092626
Genre : Philosophy
File Size : 77.30 MB
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Liberal defences of nationalism have become prevalent since the mid-1980’s. Curiously, they have largely neglected the fact that nationalism is primarily about land. Should liberals throw up their hands in despair when confronting conflicting claims stemming from incommensurable national narratives and holy texts? Should they dismiss conflicting demands that stem solely from particular cultures, religions and mythologies in favour of a supposedly neutral set of guidelines? Does history matter? Should ancient injustices interest us today? Should we care who reached the territory first and who were its prior inhabitants? Should principles of utility play a part in resolving territorial disputes? Was John Locke right to argue that the utilisation of land counts in favour of its acquisition? And should Western style settlement projects work in favour or against a nation’s territorial demands? When and how should principles of equality and equal distribution come into play? Territorial Rights examines the generic types of territorial claims customarily put forward by national groups as justification for their territorial demands, within the framework of what has come to be known as ‘liberal nationalism’. The final outcome is a multifarious theory on the ethics of territorial boundaries that supplies a workable set of guidelines for evaluating territorial disputes from a liberal-national perspective, and offers a common ground for discussion (including disagreement) and for the mediation of claims.
Category: Philosophy

A Theory Of Property

Author : Stephen R. Munzer
ISBN : 0521378869
Genre : Law
File Size : 67.4 MB
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This book represents a major new statement on the issue of property rights. It argues for the justification of some rights of private property while showing why unequal distributions of private property are indefensible.
Category: Law