Download or read book The Progressive Assault on Laissez Faire written by Barbara H. Fried and published by Harvard University Press. This book was released on 2009-07-01 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and economics is the leading intellectual movement in law today. This book examines the first great law and economics movement in the early part of the twentieth century through the work of one of its most original thinkers, Robert Hale. Beginning in the 1890s and continuing through the 1930s, progressive academics in law and economics mounted parallel assaults on free-market economic principles. They showed first that "private," unregulated economic relations were in fact determined by a state-imposed regime of property and contract rights. Second, they showed that the particular regime of rights that existed at that time was hard to square with any common-sense notions of social justice. Today, Hale is best known among contemporary legal academics and philosophers for his groundbreaking writings on coercion and consent in market relations. The bulk of his writing, however, consisted of a critique of natural property rights. Taken together, these writings on coercion and property rights offer one of the most profound and elaborated critiques of libertarianism, far outshining the better-known efforts of Richard Ely and John R. Commons. In his writings on public utility regulation, Hale also made important contributions to a theory of just, market-based distribution. This first, full-length study of Hale's work should be of interest to legal, economic, and intellectual historians.
Download or read book Laissez Faire and the General welfare State written by Sidney Fine and published by . This book was released on 1964 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Laissez faire in American thought and policy, 1763-1865 -- Herbert Spencer versus the state -- Academic and popular theorists of laissez faire -- Laissez faire and the American businessman -- Laissez faire becomes the law of the land -- The social gospel -- The new political economy -- Sociology, political science, and pragmatism -- In quest of reform -- The legislative record -- The general-welfare state in the twentieth century.
Download or read book Free Market Criminal Justice written by Darryl K. Brown and published by Oxford University Press. This book was released on 2016 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Free Market Criminal Justice explains how faith in democratic politics and free markets has undermined the rule of law in US criminal process. It argues that, to strengthen the rule of law, US criminal justice needs less democracy, fewer market mechanisms, and more law.
Download or read book Principles of Political Economy written by John Stuart Mill and published by . This book was released on 1882 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book American Law in the Age of Hypercapitalism written by Ruth Colker and published by NYU Press. This book was released on 1998-03 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative analysis of the legal models of Canada and Australia jarred Colker (constitutional law, Ohio State U. College of Law) into a new perspective on the presumptions of the US legal system. She emphatically contends that the law must take a leadership role in mending the tattered social safety net, by re-balancing laissez-faire economics with the protection of individual rights. Legal arguments are personalized with case studies of those dealing with discrimination and workplace inequities. Annotation copyrighted by Book News, Inc., Portland, OR
Download or read book The Illusion of Free Markets written by Bernard E. Harcourt and published by Harvard University Press. This book was released on 2011-05-01 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is widely believed today that the free market is the best mechanism ever invented to efficiently allocate resources in society. Just as fundamental as faith in the free market is the belief that government has a legitimate and competent role in policing and the punishment arena. This curious incendiary combination of free market efficiency and the Big Brother state has become seemingly obvious, but it hinges on the illusion of a supposedly natural order in the economic realm. The Illusion of Free Markets argues that our faith in “free markets” has severely distorted American politics and punishment practices. Bernard Harcourt traces the birth of the idea of natural order to eighteenth-century economic thought and reveals its gradual evolution through the Chicago School of economics and ultimately into today’s myth of the free market. The modern category of “liberty” emerged in reaction to an earlier, integrated vision of punishment and public economy, known in the eighteenth century as “police.” This development shaped the dominant belief today that competitive markets are inherently efficient and should be sharply demarcated from a government-run penal sphere. This modern vision rests on a simple but devastating illusion. Superimposing the political categories of “freedom” or “discipline” on forms of market organization has the unfortunate effect of obscuring rather than enlightening. It obscures by making both the free market and the prison system seem natural and necessary. In the process, it facilitated the birth of the penitentiary system in the nineteenth century and its ultimate culmination into mass incarceration today.
Download or read book The Underlying Principles of Modern Legislation written by William Jethro Brown and published by . This book was released on 1915 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Laissez faire Banking written by Kevin Dowd and published by Psychology Press. This book was released on 1996 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: An assessment and survey of current approaches in service provision to the elderly with psychological problems emphasizing every day clinical techniques currently used in the UK and the US. The 14 contributors evaluate general health care issues and psychogeriatric management as well as specific practices dealing with a range of disorders from Alzhemier's to Pick's disease concentrating on team approaches, community work, and individual therapy. Ten appendices supply suggested formats for statistical recording, consent forms, staff questionnaires, procedures, and outcome measures. Annotation copyrighted by Book News, Inc., Portland, OR
Download or read book Lawyers and the Constitution written by Benjamin R. Twiss and published by Praeger. This book was released on 1973 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across the Commonwealth, people are instinctively expressing and making the most of their culture and creative resources. Governments and citizens, however, have rarely been able to pin down exactly how culture is being used for development, and have therefore rarely been able to offer necessary support to individuals, cultural practitioners and civil society organizations. This report is a first step at the Commonwealth level to recognize the value of culture, and to begin to untangle some of the many ways in which culture is linked to development. A Commonwealth Foundation title.
Download or read book The Law written by Frédéric Bastiat and published by Laissez Faire Books. This book was released on 1987 with total page 47 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Freedom to Harm written by Thomas O. McGarity and published by Yale University Press. This book was released on 2013-03-19 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIV How much economic freedom is a good thing? This comprehensive look at America’s succession of “laissez faire revivals” shows how anti-regulatory business crusades harm public safety and economic performance. /div
Download or read book A Right to Flee written by Phil Orchard and published by Cambridge University Press. This book was released on 2014-10-09 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the origins and evolution of refugee protection over the past four centuries.
Download or read book The End of Laissez faire written by John Maynard Keynes and published by . This book was released on 2009 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Maynard Keynes (1883-1946) was one of the most influential economists of the first half of the twentieth century. In The End of Laissez-Faire (1926), Keynes presents a brief historical review of laissez-faire economic policy.
Download or read book Modern Understandings of Liberty and Property written by Richard A. Epstein and published by Routledge. This book was released on 2013-10-15 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2000. The materials in this collection are drawn from many disciplines, including economics, law, philosophy and political science. Yet they are all directed to a topic that is worthy of examination from multiple perspectives: Liberty, Property and the Law. Stated in this general form, this topic is broad as law itself. The relationship of liberty and property to the law surfaces whenever and wherever people interact with each other under the command and control of the sovereign. This is Volume II of five and concerns the extent to which the state should enforce or override private contracts made by individuals to dispose of their labor or capital. These issues did not disappear by the onset of the twentieth century, where Volume II picks up. Generally speaking, however, the tools of analysis shifted as the advances in economic theory helped to flesh out the justifications offered for individual liberty and private property on the one hand, and their social control on the other. Although the nature of the discourse changed to some degree, the division of opinion on the proper role of liberty and property remained as sharply contested as it was in earlier times.
Download or read book The People s Welfare written by William J. Novak and published by Univ of North Carolina Press. This book was released on 2000-11-09 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much of today's political rhetoric decries the welfare state and our maze of government regulations. Critics hark back to a time before the state intervened so directly in citizens' lives. In The People's Welfare, William Novak refutes this vision of a stateless past by documenting America's long history of government regulation in the areas of public safety, political economy, public property, morality, and public health. Challenging the myth of American individualism, Novak recovers a distinctive nineteenth-century commitment to shared obligations and public duties in a well-regulated society. Novak explores the by-laws, ordinances, statutes, and common law restrictions that regulated almost every aspect of America's society and economy, including fire regulations, inspection and licensing rules, fair marketplace laws, the moral policing of prostitution and drunkenness, and health and sanitary codes. Based on a reading of more than one thousand court cases in addition to the leading legal and political texts of the nineteenth century, The People's Welfare demonstrates the deep roots of regulation in America and offers a startling reinterpretation of the history of American governance.
Download or read book The Limits of Laissez Faire written by Nicholas Reynolds and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A principle of laissez-faire has long dominated the doctrinal development of contract and tort as they apply to commerce. By contrast, opposition to laissez-faire developed in piecemeal fashion, which has precluded this opposition from amounting to a comprehensive critique of laissez-faire. This has proven problematic in light of research indicating that humans are prone to biases that inhibit their ability to maximize self-interest. In other words, laissez-faire fails to prevent humans from indulging in self-destructive tendencies. As a solution, this thesis posits that parts of contract, tort and fiduciary law already implicitly recognize an underlying principle of other-regard. This principle functions at the same level as laissez-faire, offering a safeguard against human irrationality that protects self-interest in a way that would be impossible under pure laissez-faire. Ultimately, commercial private law might more effectively achieve its objectives by recognizing a system of competing principles rather than a hegemony of one. Un principe de laissez-faire a longtemps dominé le développement doctrinal du contrat et de la responsabilité délictuelle dans la mesure où ils s'appliquent au commerce. En revanche, l'opposition au laissez-faire s'est développée au coup par coup, ce qui a empêché cette opposition de constituer une critique complète du laisser-faire. Ce problème s'est avéré inhiber leur capacité à maximiser leur intérêt personnel. En d'autres termes, ne pas empêcher les humains de se laisser aller à des tendances autodestructrices. En tant que solution, cette thèse postule que des parties du droit des contrats, de la responsabilité délictuelle et du droit fiduciaire reconnaissent déjà implicitement un principe sous-jacent de l'autre apparence. Ce principe fonctionne au même titre que le laissez-faire, offrant une protection contre l'irrationalité humaine qui protège l'intérêt personnel d'une manière qui serait impossible dans le cadre d'un pur laisser-faire. En fin de compte, le droit commercial privé pourrait mieux atteindre ses objectifs en reconnaissant un système de principes concurrents plutôt qu'une hégémonie.
Download or read book American Fair Trade written by Laura Phillips Sawyer and published by Cambridge University Press. This book was released on 2018-01-11 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rather than viewing the history of American capitalism as the unassailable ascent of large-scale corporations and free competition, American Fair Trade argues that trade associations of independent proprietors lobbied and litigated to reshape competition policy to their benefit. At the turn of the twentieth century, this widespread fair trade movement borrowed from progressive law and economics, demonstrating a persistent concern with market fairness - not only fair prices for consumers but also fair competition among businesses. Proponents of fair trade collaborated with regulators to create codes of fair competition and influenced the administrative state's public-private approach to market regulation. New Deal partnerships in planning borrowed from those efforts to manage competitive markets, yet ultimately discredited the fair trade model by mandating economy-wide trade rules that sharply reduced competition. Laura Phillips Sawyer analyzes how these efforts to reconcile the American tradition of a well-regulated society with the legacy of Gilded Age of laissez-faire capitalism produced the modern American regulatory state.
