Markets, Morals, and the Law
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Product details:
- Publisher OUP Oxford
- Date of Publication 19 September 2002
- ISBN 9780199253609
- Binding Paperback
- No. of pages414 pages
- Size 234x154x21 mm
- Weight 639 g
- Language English
- Illustrations line figures 0
Categories
Short description:
This collection of essays by one of America's leading legal theorists is unique in its scope: It shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics and political science.
MoreLong description:
This collection of essays by one of America's leading legal theorists is unique in its scope: It shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics and political science. There are four sections in the book. The first offers a new version of legal positivism and an original theory of legal rights. The second section critically evaluates the economic approach to law, and the third considers the relationship of justice to liability for unintentional harms and to the practice of settling disputes rather than fully litigating them. Finally, Coleman explores formal social choice in democratic theory, the relationship between market behaviour and voting, and the view that morality itself, like law, is a solution of the problem of market failure. This book will be of cardinal importance to philosophers of law, legal theorists, political scientists, and economists.
Coleman certainly gets one thinking ... wide ranging.
Table of Contents:
Part I: Law and Morality
Negative and Positive Positivism
Rethinking the Theory of Legal Rights
Part II. Law and Economics
Efficiency, Auction, and Exchange
Efficiency, Utility, and Wealth Maximisation
The Foundation of Constitutional Economics
Part III. Torts, Crimes and Settlements
Crimes, Kickers and Transaction Structures
The Morality of Strict Tort Liability
Corrective Justice and Wrongful Gain
Justice in Settlements
Part IV. Markets, Morals and Politics
Market Contractarianism
Unanimity
Democracy and Social Choice
Morality and the Theory of Rational Choice
