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The essays collected in To Promote the General Welfare explore communitarianism, which examines the balance between rights and responsibilities, the need for a common good, and the need for diversity within unity. In the book ten preeminent scholars explore nine areas of the law-civil, criminal, constitutional-to explicate how a communitarian worldview might change or interpret the existing law. For example, Philip Selznick sketches a picture of communitarian justice in its broad terms. Robert Ackerman argues that tort liability needs to be expanded in some areas and contracted in others to effectuate a more communitarian tort regime. Akhil Reed Amar and Alan Hirsch offer a communitarian reading of the Second Amendment and related parts of the Constitution, challenging Supreme Court precedent on issues that spring from the Second Amendment. Milton Regan challenges recent law-and-economics approach to marriage and divorce, and counters with the need to assess relationships as shared experiences, not merely consumerist interactions. And Gordon Bazemore breathes new life into the crime-control debate by suggesting a communitarian approach to American criminal justice, an approach that emphasizes community justice and restorative justice. These thoughtful analyses along with the others included in To Promote the General Welfare comprise a must-read for anyone interested in the law and social policy.
This book is a sophisticated comparative analysis of the doctrine of unjust enrichment in the North American and Jewish legal systems, and in international law. By offering an explanatory theory which brings to light the normative underpinnings of the doctrine, it facilitates the prediction of legal outcomes and supplies the necessary tools for evaluating existing legal rules. Applying both theoretical analysis and comparative legal techniques, the study claims that the choice of compensation arising from a claim of unjust enrichment is not a matter of legal technicality. Instead it describes how the legal choice of a pecuniary remedy can be seen to embody a choice between competing values. This decision, writes Dagan, is implicated in the prevailing background ethos of the society at issue, and is deeply influenced by its own complex conceptions of self and of community.
A great deal of economics is about law - the functioning of markets, property rights and their enforcement, financial obligations, and so forth - yet these legal aspects are almost never addressed in the academic study of economics. Conversely, the study and practice of law entails a significant understanding of economics, yet the drafting and administration of laws often ignore economic principle. The New Palgrave Dictionary of Economics and the Law is uniquely placed by the quality, breadth and depth of its coverage to address this need for building bridges. Drawn from the ranks of academics, professional lawyers, and economists in eight countries, the 340 contributors include world experts in their fields. Among them are Nobel laureates in economics and eminent legal scholars. First published in 1998 and now available in paperback for the first time, The New Palgrave Dictionary of Economics and the Law has established itself as a classic reference work in this important field.
"Italian Studies in Law" is a new yearbook containing a selection of studies on Italian law edited by the Italian Association of Comparative Law. Each volume includes essays on private law, public law, procedural law and other judicial disciplines that are of interest to jurists in other countries, which will allow them to form an opinion on developments in the study of law conducted in Italian legal faculties.
What is Law and Economics Law and economics, often known as economic analysis of law, is the process of applying microeconomic theory to the study of law rather than the other way around. A number of economists from the Chicago school of economics, including Aaron Director, George Stigler, and Ronald Coase, were principally responsible for the pioneering work that led to the development of this subject in the United States during the early 1960s. For the purpose of explaining the impacts of laws, determining which legal rules are economically effective, and predicting which legal rules will be adopted, this field makes use of concepts from economics. There are two major branches of law and economics: the first is based on the application of the methods and theories of neoclassical economics to the positive and normative analysis of the law, and the second is centered on an institutional analysis of law and legal institutions, with a broader focus on economic, political, and social outcomes, and overlapping with analyses of the institutions of politics and governance. Both of these branches are considered to be important in the field of law and economics. How you will benefit (I) Insights, and validations about the following topics: Chapter 1: Law and economics Chapter 2: Ronald Coase Chapter 3: Free-rider problem Chapter 4: James M. Buchanan Chapter 5: Coase theorem Chapter 6: Chicago school of economics Chapter 7: New institutionalism Chapter 8: Guido Calabresi Chapter 9: Armen Alchian Chapter 10: Aaron Director Chapter 11: Regulatory economics Chapter 12: New institutional economics Chapter 13: Harold Demsetz Chapter 14: Virginia school of political economy Chapter 15: Economic justice Chapter 16: Property rights (economics) Chapter 17: The Use of Knowledge in Society Chapter 18: The Problem of Social Cost Chapter 19: Arnold Plant Chapter 20: Constitutional economics Chapter 21: Francesco Parisi (economist) (II) Answering the public top questions about law and economics. (III) Real world examples for the usage of law and economics in many fields. (IV) Rich glossary featuring over 1200 terms to unlock a comprehensive understanding of law and economics. (eBook only). Who will benefit Professionals, undergraduate and graduate students, enthusiasts, hobbyists, and those who want to go beyond basic knowledge or information for any kind of law and economics.
In this text, a constitutional law scholar argues that most of the social issues agenda for law violates the constitutional principle of equal citizenship. The conservative social issues agenda is targeted at voters who have felt left out by other civil rights movements.
This book of legal philosophy contends that positive law is better understood if it is not too easily equated with power, force, or command. Law is more a matter of discourse and deliberation than of sheer decision or of power relations. Here is thought-provoking reading for lawyers, advocates, scholars of jurisprudence, students of law, philosophy and political science, and general readers concerned with the future of the constitutional state.