The Legal Foundations of Free Markets

The Legal Foundations of Free Markets

Author: Stephen F. Copp

Publisher:

Published: 2008

Total Pages: 276

ISBN-13:

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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.


The Legal Foundations of Free Markets

The Legal Foundations of Free Markets

Author: Stephen F. Copp

Publisher:

Published: 2023

Total Pages: 0

ISBN-13:

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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.


Markets, Morals, and Policy-Making

Markets, Morals, and Policy-Making

Author: Enrico Colombatto

Publisher: Routledge

Published: 2012-03-29

Total Pages: 374

ISBN-13: 1136668071

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Free-market economics has attempted to combine efficiency and freedom by emphasizing the need for neutral rules and meta-rules. These efforts have only been partly successful, for they have failed to address the deeper, normative arguments justifying – and limiting – coercion. This failure has thus left most advocates of free-market vulnerable to formulae which either emphasize expediency or which rely upon optimal social engineering to foster different notions of the common will and of the common good. This book offers the reader a new perspective on free-market economics, one in which the defense of markets is no longer based upon the utilitarian claim that free markets are more efficient; rather, the defense of markets rests upon the moral argument that top-down coercive policy-making is necessarily in tension with the rights-based notion of justice typical of the Western tradition. In arguing for a consistent moral basis for the free-market view, we depart from both the Austrian and neoclassical traditions by acknowledging that rationality is not a satisfactory starting point. This rejection of rationality as the complete motivator for human economic behaviour throws constitutional economics and the law-and-economics tradition into new relief, revealing these approaches as governed by considerations derived by various notions of social efficiency, rather than by principles consistent with individual freedom, including freedom to choose. This book shows that the solution is in fact a better understanding of the lessons taught by the Scottish Enlightenment: the role of the political context is to ensure that the individual can pursue his own ends, free from coercion. This also implies individual responsibility, respect for somebody else’s preferences and for his entrepreneurial instincts. Social virtue is not absent from this understanding of politics, but rather than being defined through the priorities of policy-makers, it emerges as the outcome of interaction among self-determining individuals. The strongest and most consistent case for free-market economics, therefore, rests on moral philosophy, not on some version of static-efficiency theorizing. This book should be of interest to students and researchers focussing on economic theory, political economics and the philosophy of economic thought, but is also written in a non-technical style making it accessible to an audience of non-economists.


Free Markets and Social Justice

Free Markets and Social Justice

Author: Cass R. Sunstein

Publisher: Oxford University Press

Published: 1999-03-18

Total Pages: 416

ISBN-13: 0195356179

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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.


Economic Foundations of Law and Organization

Economic Foundations of Law and Organization

Author: Donald Wittman

Publisher: Cambridge University Press

Published: 2006-06-26

Total Pages: 379

ISBN-13: 0521859174

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This book serves as a compact introduction to the economic analysis of law and organization. At the same time it covers a broad spectrum of issues. It is aimed at undergraduate economics students who are interested in law and organization, law students who want to know the economic basis for the law, and students in business and public policy schools who want to understand the economic approach to law and organization. The book covers such diverse topics as bankruptcy rules, corporate law, sports rules, the organization of Congress, federalism, intellectual property, crime, accident law, and insurance. Unlike other texts on the economic analysis of law, this text is not organized by legal categories but by economic theory. The purpose of the book is to develop economic intuition and theory to a sufficient degree so that one can apply the ideas to a variety of areas in law and organization.


Economic Foundations of International Law

Economic Foundations of International Law

Author: Eric A. Posner

Publisher: Harvard University Press

Published: 2013-01-01

Total Pages: 383

ISBN-13: 0674067630

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Exchange of goods and ideas among nations, cross-border pollution, global warming, and international crime pose formidable questions for international law. Two respected scholars provide an intellectual framework for assessing these problems from a rational choice perspective and describe conditions under which international law succeeds or fails.


U.S. Trade Policy

U.S. Trade Policy

Author: William A. Lovett

Publisher: Routledge

Published: 2015-02-24

Total Pages: 259

ISBN-13: 1317453166

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Lovett (Tulane Law School), Eckes (a former commissioner of the U.S. International Commission during the Reagan and Bush I administrations), and Brinkman (international economics, Portland State U.) evaluate the evolution of U.S. trade policy, focusing on the period from the establishment of the Gen


Foundations of Economic Analysis of Law

Foundations of Economic Analysis of Law

Author: Steven Shavell

Publisher: Harvard University Press

Published: 2009-07-01

Total Pages: 760

ISBN-13: 0674043499

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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.


Capitalism and Commerce

Capitalism and Commerce

Author: Edward Wayne Younkins

Publisher: Lexington Books

Published: 2002

Total Pages: 386

ISBN-13: 9780739103814

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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.