Law and Economics: Alternative Economic Approaches to Legal and Regulatory IssuesMargaret Oppenheimer, Nicholas Mercuro M.E. Sharpe, 2005 - 448 страница The economic analysis of legal and regulatory issues need not be limited to the neoclassical economic approach. The expert contributors to this work employ a variety of heterodox legal-economic theories to address a broad range of legal issues. They demonstrate how these various approaches can lead to very different conclusions concerning the role of the law and legal intervention in a wide array of contexts. The schools of thought and methodologies represented here include institutional economics, new institutional economics, socio-economics, social economics, behavioral economics, game theory, feminist economics, Rawlsian economics, radical economics, Austrian economics, and personalist economics. The legal and regulatory issues examined include anti-trust and competition, corporate governance, the environment and natural resources, land use and property rights, unions and collective bargaining, welfare benefits, work-time regulation and standards, sexual harassment in the workplace, obligations of employers and employees to each other, crime, torts, and even the structure of government. Each contributor brings a different emphasis and provides thoughtful, sometimes provocative analysis and conclusions. Together, these heterodox insights will provide valuable supplementary reading for courses in law and economics as well as public policy and business courses at both the graduate and undergraduate levels. |
Садржај
| 3 | |
| 15 | |
| 25 | |
| 27 | |
A Market Path to Liberation? Feminism Economics and Corporate Law | 55 |
Alternative Economic Approaches to Antitrust Enforcement | 77 |
Legal Issues Concerning Natural Resources the Environment and Land Use | 99 |
A Comparative Institutional Approach to Law and Economics Theory and ApplicationsThe Environment Natural Resources and Land Use | 101 |
Personalist Economics Justice and the Law Applications to Labor Product and Credit Markets | 230 |
The Efficiency and EmploymentEnhancing Effects of Social Welfare Morris Altman | 257 |
Alternative Economic Approaches to Analyzing Hours of Work Determination and Standards | 286 |
Efficient But Not Equitable The Problem with Using the Law and Economics Paradigm to Interpret Sexual Harassment in the Workplace | 308 |
Other Legal Issues | 349 |
A Social Economics of Crime Based on Kantian Ethics | 351 |
Economic Analysis of Tort Law Austrian and Kantian Perspectives | 374 |
Institutional Change and Economic Growth in Spain Since the Democratic Transition in 1978 Regulating Regional SelfGovernance as a Key Factor | 393 |
Property and Politics in the Hudson Valley Continuity and Change in the Corporate Form | 131 |
Prior Questions Endogenous Property Rights in Economics and the Case of the Radio Spectrum | 161 |
Legal Issues Concerning Labor Employment and Unemployment | 199 |
An Alternative Economic Analysis of the Regulation of Unions and Collective Bargaining | 201 |
About the Editors and Contributors | 429 |
Index | 437 |
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allocation alternative antitrust argues behavior benefits central Coase collective bargaining common consumer surplus contract conventional model corporate law court crime deadweight loss decisions duty economic agents Economic Analysis economic approach economic theory economists effect efficiency employer employment enforcement Ethics example federal Feminist Economics firms homo economicus human hybrid impact increase individual Institutional Economics issues Journal justice Kaldor-Hicks efficiency Kantian labor supply Law and Economics Law Review leisure maximize ment Mercuro monopoly moral neoclassical economics nomic nonmarket organization overemployment parties percent Personalist economics perspective political Posner preferences private property problem production progressive corporate progressive corporate law property rights radio regional governments regulation regulatory Richard Posner role rules sector sexual harassment social norms society Spain spectrum structure target income tion Transaction Cost Economics transaction costs unions University Press Welfare Economics welfare payments women workers workplace x-efficiency York
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Страница 140 - A landed interest, a manufacturing interest, a mercantile interest, a moneyed interest, with many lesser interests, grow up of necessity in civilized nations and divide them into different classes, actuated by different sentiments and views. The regulation of these various and interfering interests forms the principal task of modern legislation and involves the spirit of party and faction in the necessary and ordinary operations of the government.
Страница 140 - The diversity in the faculties of men, from which the rights of property originate, is not less an insuperable obstacle to a uniformity of interests. The protection of these faculties is the first object of government. From the protection of different and unequal faculties of acquiring property, the possession of different degrees and kinds of property immediately results ; and from the influence of these on the sentiments and views of the respective proprietors, ensues a division of the society...
Страница 382 - Act in such a way that you always treat humanity, whether in your own person or in the person of any other, never simply as a means, but always at the same time as an end.
Страница 77 - People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices.
Страница 312 - ... has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
Страница 385 - The question is commonly thought of as one in which A inflicts harm on B and what has to be decided is: how should we restrain A? But this is wrong. We are dealing with a problem of a reciprocal nature. To avoid the harm to B would inflict harm on A. The real question that has to be decided is: should A be allowed to harm B or should B be allowed to harm A? The problem is to avoid the more serious harm.
Страница 194 - Power then is generalized capacity to secure the performance of binding obligations by units in a system of collective organization when the obligations are legitimized with reference to their bearing on collective goals and where in case of recalcitrance there is a presumption of enforcement by negative situational sanctions — whatever the actual agency of that enforcement.
Страница 176 - Institutions are the rules of a society or of organizations that facilitate coordination among people by helping them form expectations which each person can reasonably hold in dealing with others.
Страница 93 - Industrial power should be decentralized. It should be scattered into many hands so that the fortunes of the people will not be dependent on the whim or caprice, the political prejudices, the emotional stability of a few self-appointed men.
Страница 93 - If we will not endure a king as a political power, we should not endure a king over the production, transportation, and sale of any of the necessities of life. If we would not submit to an emperor, we should not submit to an autocrat of trade with power to prevent competition and to fix the price of any commodity. * * * The remedy should be swift and sure.