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: 9492

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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.

Foundations of Economic Analysis of Law


Author: Steven Shavell
Publisher: Harvard University Press
ISBN: 0674043499
Category: Law
Page: 759
View: 7531

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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


Author: Richard A. Posner
Publisher: Wolters Kluwer Law & Business
ISBN: 1454845538
Category: Law
Page: 1056
View: 6779

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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.

Maritime Piracy and Its Control: An Economic Analysis


Author: C. Hallwood,T. Miceli
Publisher: Springer
ISBN: 1137461500
Category: Political Science
Page: 135
View: 4396

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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.

Why Law Matters


Author: Alon Harel
Publisher: Oxford University Press
ISBN: 019964327X
Category: Law
Page: 240
View: 5258

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Why Law Matters argues that public institutions and legal procedures are valuable and matter as such, irrespective of their instrumental value. Examining the value of rights, public institutions, and constitutional review, the book criticises instrumentalist approaches in political theory, claiming they fail to account for their enduring appeal.

The Law


Author: Frederic Bastiat
Publisher: Cosimo, Inc.
ISBN: 1596059648
Category: Business & Economics
Page: 68
View: 4842

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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.

Law and Social Norms


Author: Eric A. Posner
Publisher: Harvard University Press
ISBN: 9780674042308
Category: Business & Economics
Page: 272
View: 7477

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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.

Order Without Law


Author: Robert C. ELLICKSON
Publisher: Harvard University Press
ISBN: 9780674641693
Category: Law
Page: 302
View: 5282

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In Order without Law Robert C. Ellickson shows that law is far less important than is generally thought. He demonstrates that people largely govern themselves by means of informal rules-social norms-that develop without the aid of a state or other central coordinator. Integrating the latest scholarship in law, economics, sociology, game theory, and anthropology, Ellickson investigates the uncharted world within which order is successfully achieved without law. The springboard for Ellickson's theory of norms is his close investigation of a variety of disputes arising from the damage created by escaped cattle in Shasta County, California. In "The Problem of Social Cost" --the most frequently cited article on law--economist Ronald H. Cease depicts farmers and ranchers as bargaining in the shadow of the law while resolving cattle-trespass disputes. Ellickson's field study of this problem refutes many of the behavioral assumptions that underlie Coase's vision, and will add realism to future efforts to apply economic analysis to law.Drawing examples from a wide variety of social contexts, including whaling grounds, photocopying centers, and landlord-tenant relations, Ellickson explores the interaction between informal and legal rules and the usual domains in which these competing systems are employed. Order without Law firmly grounds its analysis in real-world events, while building a broad theory of how people cooperate to mutual advantage.

Why People Obey the Law


Author: Tom R. Tyler
Publisher: Princeton University Press
ISBN: 0691126739
Category: Law
Page: 299
View: 8535

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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.

Model Rules of Professional Conduct


Author: ABA Center for Professional Conduct
Publisher: American Bar Association
ISBN: 9781604425178
Category: Law
Page: 209
View: 5263

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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.

White House Burning

The Founding Fathers, Our National Debt, and Why It Matters to You
Author: Simon Johnson,James Kwak
Publisher: Vintage
ISBN: 0307907120
Category: Business & Economics
Page: 368
View: 4034

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America is mired in debt—more than $30,000 for every man, woman, and child. Bitter fighting over deficits, taxes, and spending bedevils Washington, D.C., even as partisan gridlock has brought the government to the brink of default. Yet the more politicians on both sides of the aisle rant and the citizenry fumes, the more things seem to remain the same. In White House Burning, Simon Johnson and James Kwak—authors of the national best seller 13 Bankers and cofounders of The Baseline Scenario, a widely cited blog on economics and public policy—demystify the national debt, explaining whence it came and, even more important, what it means to you and to future generations. They tell the story of the Founding Fathers’ divisive struggles over taxes and spending. They chart the rise of the almighty dollar, which makes it easy for the United States to borrow money. They account for the debasement of our political system in the 1980s and 1990s, which produced today’s dysfunctional and impotent Congress. And they show how, if we persist on our current course, the national debt will harm ordinary Americans by reducing the number of jobs, lowering living standards, increasing inequality, and forcing a sudden and drastic reduction in the government services we now take for granted. But Johnson and Kwak also provide a clear and compelling vision for how our debt crisis can be solved while strengthening our economy and preserving the essential functions of government. They debunk the myth that such crucial programs as Social Security and Medicare must be slashed to the bone. White House Burning looks squarely at the burgeoning national debt and proposes to defuse its threat to our well-being without forcing struggling middle-class families and the elderly into poverty. Carefully researched and informed by the same compelling storytelling and lucid analysis as 13 Bankers, White House Burning is an invaluable guide to the central political and economic issue of our time. It is certain to provoke vigorous debate.

A Matter of Interpretation: Federal Courts and the Law

Federal Courts and the Law
Author: Antonin Scalia
Publisher: Princeton University Press
ISBN: 1400882958
Category: Law
Page: 200
View: 5693

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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.

Law, Legislation and Liberty

A new statement of the liberal principles of justice and political economy
Author: F. A. Hayek
Publisher: Routledge
ISBN: 1136246428
Category: Business & Economics
Page: 584
View: 8207

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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.

Blockchain and the Law

The Rule of Code
Author: Primavera De Filippi De Filippi
Publisher: Harvard University Press
ISBN: 0674985915
Category: Law
Page: 250
View: 6040

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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.

The River Pollution Dilemma in Victorian England

Nuisance Law versus Economic Efficiency
Author: Dr Leslie Rosenthal
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472404203
Category: History
Page: 274
View: 6545

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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 Congressional Globe


Author: United States. Congress,Francis Preston Blair,John Cook Rives,Franklin Rives,George A. Bailey
Publisher: N.A
ISBN: N.A
Category: United States
Page: N.A
View: 7662

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The Report: Peru 2014


Author: Oxford Business Group
Publisher: Oxford Business Group
ISBN: 1907065946
Category:
Page: 244
View: 4781

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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.

Laws on Green Growth, and Economic Investment in Korea

Korea’s Low Carbon, Green Growth Policy and Law Laws Concerning Green Growth
Author: Ministry of Government Legislation of Republic of Korea
Publisher: 길잡이미디어
ISBN: N.A
Category:
Page: 1054
View: 8177

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In connection with the G20 Seoul Summit, MOLEG is publishing and distributing this English statute book. It includes a selection of major laws regarding low-carbon green growth, which is a national vision for the next 60 years to be pursued by the Lee Myung-Bak government; and also regarding foreign investment. This book has 23 laws. There are 11 major laws about green growth, such as the Framework Act on Low-Carbon, Green Growth, and 12 major laws about foreign investment,such as the Foreign Investment Promotion Act. It also contains the Constitution and the Government Organization Act to give foreigners an understanding of the basic principles,major functions and government organizations of the Republic of Korea. Furthermore,the book has introductory content on the legal system of the Republic of Korea and its process of establishing policy and legislation.