Law's Order

What Economics Has to Do with Law and Why It Matters
Author: David D. Friedman
Publisher: Princeton University Press
ISBN: 1400823471
Category: Law
Page: 344
View: 302

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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


Author: C. Hallwood,T. Miceli
Publisher: Springer
ISBN: 1137461500
Category: Political Science
Page: 135
View: 2229

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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.

The Report: Peru 2014


Author: Oxford Business Group
Publisher: Oxford Business Group
ISBN: 1907065946
Category:
Page: 244
View: 5085

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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


Author: Katalin Judit Cseres
Publisher: Kluwer Law International B.V.
ISBN: 9041123806
Category: Law
Page: 450
View: 1274

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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
Author: Mary Arden
Publisher: OUP Oxford
ISBN: 019104427X
Category: Political Science
Page: 350
View: 2198

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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
Author: Qianlan Wu
Publisher: Bloomsbury Publishing
ISBN: 1782252193
Category: Law
Page: 242
View: 1990

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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
Author: National Council on Economic Education
Publisher: Council for Economic Educat
ISBN: 9781561835164
Category: Economics
Page: 125
View: 6460

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This publication contains Capstone's student activities.

Politics, Society, and the Media, Second Edition


Author: Paul Nesbitt-Larking
Publisher: University of Toronto Press
ISBN: 144260428X
Category: Political Science
Page: 416
View: 4889

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Politics, Society, and the Media is the first comprehensive political sociology of the media to be published in Canada. Paul Nesbitt-Larking draws upon a range of disciplines, including cultural and media studies, political economy, social theory, and political science to provide an analysis of the relationship between power and representation in Canada. The framework for the book presents a model of the mutual interaction between politics and the media. Attention is focused in the early chapters on how cultural, ideological, economic, and governmental forces shape and condition the production of media in Canada. Chapters on the work of Innis, Grant, McLuhan, and their postmodern successors place the evolution of McLuhan's theoretical argument that "the medium is the message" at the heart of the book. Canadian identity, and how to understand Canadian media politically, is the subject of a chapter on textual analysis. Two extensive chapters follow on the media’s influence and effects on politics. In addition to standard topics on politics and the media, this new edition offers much more: an examination of the media on the politics of gender and aboriginal peoples, the micro-politics of the media workplace, and an exploration of important media-related considerations. Throughout, reference is made to relevant and compelling issues placed within the context of media theory.

Der ökonomische Code

wie wirtschaftliches Denken unser Handeln bestimmt
Author: David Friedman
Publisher: N.A
ISBN: 9783492231817
Category:
Page: 507
View: 9625

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Geography, Economic And Regional


Author: Phani Deka
Publisher: New Age International
ISBN: 9788122413816
Category:
Page: 278
View: 974

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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


Author: Bruce Nissen
Publisher: Wayne State University Press
ISBN: 9780814328859
Category: Political Science
Page: 240
View: 1516

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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


Author: William Patry
Publisher: Oxford University Press
ISBN: 0199912912
Category: Law
Page: 336
View: 6919

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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
Author: Werner Stark
Publisher: Routledge
ISBN: 1136522689
Category: Business & Economics
Page: 414
View: 1427

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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.

Transforming Corporate Governance in East Asia


Author: Curtis Milhaupt,Kon-Sik Kim,Hideki Kanda
Publisher: Routledge
ISBN: 1134106157
Category: Business & Economics
Page: 352
View: 3887

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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
Author: C. Edwin Baker
Publisher: Cambridge University Press
ISBN: 1139461036
Category: Political Science
Page: N.A
View: 7175

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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.

Opening the Floodgates

Why America Needs to Rethink its Borders and Immigration Laws
Author: Kevin R. Johnson
Publisher: NYU Press
ISBN: 0814743005
Category: Law
Page: 289
View: 3491

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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
Author: IUCN--The World Conservation Union
Publisher: IUCN
ISBN: 9782831708294
Category: Nature
Page: 306
View: 6751

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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

International Water Law and the Quest for Common Security


Author: Bjørn-Oliver Magsig
Publisher: Routledge
ISBN: 131759679X
Category: Law
Page: 212
View: 2515

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The world’s freshwater supplies are increasingly threatened by rapidly increasing demand and the impacts of global climate change, but current approaches to transboundary water management are unsustainable and may threaten future global stability and international security. The absence of law in attempts to address this issue highlights the necessity for further understanding from the legal perspective. This book provides a fresh conceptualisation of water security, developing an operational methodology for identifying the four core elements of water security which must be addressed by international law: availability; access; adaptability; and ambit. The analysis of the legal framework of transboundary freshwater management based on this contemporary understanding of water security reveals the challenges and shortcomings of the current legal regime. In order to address these shortcomings, the present mindset of prevailing rigidity and state-centrism is challenged by examining how international legal instruments could be crafted to advance a more flexible and common approach towards transboundary water interaction. The concept of considering water security as a matter of ‘regional common concern’ is introduced to help international law play a more prominent role in addressing the challenges of global water insecurity. Ways for implementing such an approach are proposed and analysed by looking at international hydropolitics in Himalayan Asia. The book analyses transboundary water interaction as a ‘case study’ for advancing public international law in order to fulfil its responsibility of promoting international peace and security.

Making Freedom

The Underground Railroad and the Politics of Slavery
Author: R. J. M. Blackett
Publisher: UNC Press Books
ISBN: 1469608782
Category: Social Science
Page: 136
View: 8615

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The 1850 Fugitive Slave Law, which mandated action to aid in the recovery of runaway slaves and denied fugitives legal rights if they were apprehended, quickly became a focal point in the debate over the future of slavery and the nature of the union. In Making Freedom, R. J. M. Blackett uses the experiences of escaped slaves and those who aided them to explore the inner workings of the Underground Railroad and the enforcement of the Fugitive Slave Law, while shedding light on the political effects of slave escape in southern states, border states, and the North. Blackett highlights the lives of those who escaped, the impact of the fugitive slave cases, and the extent to which slaves planning to escape were aided by free blacks, fellow slaves, and outsiders who went south to entice them to escape. Using these stories of particular individuals, moments, and communities, Blackett shows how slave flight shaped national politics as the South witnessed slavery beginning to collapse and the North experienced a threat to its freedom.