Download or read book Welfare Fairness and the Role of Courts in a Simple and Flexible Private Company Law written by Vino Timmerman and published by . This book was released on 2008 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The author highlights the pivotal role of justice in flexible and simple corporate law. He focuses on the significance of the notion of reasonableness and fairness in corporate law and on the way in which the fundamental rights embodied in the European Convention on Human Rights influence the relations between the shareholders within a company. He is of the opinion that reasonableness, fairness and fundamental rights will remain lasting elements of Dutch company law. A consequence of this trend is that courts will play a pivotal role in corporate law.
Download or read book Fairness versus Welfare written by Louis Kaplow and published by Harvard University Press. This book was released on 2009-07-01 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: By what criteria should public policy be evaluated? Fairness and justice? Or the welfare of individuals? Debate over this fundamental question has spanned the ages. Fairness versus Welfare poses a bold challenge to contemporary moral philosophy by showing that most moral principles conflict more sharply with welfare than is generally recognized. In particular, the authors demonstrate that all principles that are not based exclusively on welfare will sometimes favor policies under which literally everyone would be worse off. The book draws on the work of moral philosophers, economists, evolutionary and cognitive psychologists, and legal academics to scrutinize a number of particular subjects that have engaged legal scholars and moral philosophers. How can the deeply problematic nature of all nonwelfarist principles be reconciled with our moral instincts and intuitions that support them? The authors offer a fascinating explanation of the origins of our moral instincts and intuitions, developing ideas originally advanced by Hume and Sidgwick and more recently explored by psychologists and evolutionary theorists. Their analysis indicates that most moral principles that seem appealing, upon examination, have a functional explanation, one that does not justify their being accorded independent weight in the assessment of public policy. Fairness versus Welfare has profound implications for the theory and practice of policy analysis and has already generated considerable debate in academia.
Download or read book When Fairness is Efficient written by Paul Eremenko and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In their recent seminal work, Kaplow and Shavell demonstrate that any metric for policy evaluation that takes into account factors other than individual welfare is Pareto-inefficient; in particular, they argue at length that notions of fairness - insofar as they do not directly contribute to individual welfare - should be eschewed as a basis for policy assessment. Kaplow's and Shavell's proposition is fundamentally a normative one, and one with which much of the policymaking process rooted in the notions of fairness and equality appears to be at odds with. But is it? In this essay we seek to make a positive assessment of political decisionmaking in a federalist democracy with an independent common law federal judiciary, and its consistency with a welfarist model of policy formulation. To this end, we begin with a taxonomy of goods that individuals in a society demand or consume; a fruitful distinction for our purposes is between private, public, and social goods. Next we consider the mechanisms through which each of these categories of goods are typically or can feasibly be provided, including markets, majoritarian governance, and dictatorial governance. The latter two are discussed in substantial detail. We suggest that various forms of majoritarian decisionmaking tend to produce welfarist - and thus presumably efficient - results respective of policies that affect the supply and regulation of private and most public goods, where individual utility functions tend to be roughly homogeneous throughout the population. With regard to social goods, however, where individual utility functions are likely to be highly disparate among various subsets of the populace, we illustrate that traditional means of pluralistic or majoritarian decisionmaking are prone to welfare-inefficient outcomes. Judicial intervention could be seen to remedy the inefficiency in such cases; alas, judicial decisionmaking is notoriously mired in fairness-based analysis, which would appear to be the quintessence of anti-welfarism and therefore inefficient. We postulate, however, that the judicial use of notions of fairness is a linguistic construct or analytical shorthand that justifies the substitution of judicial judgment in instances where majoritarian decisionmaking appears to produce an inefficient outcome. Thus, the verbiage associated with lofty judicial notions such as justice, fairness, and intrinsic rights are nothing more than a pretext for judicial inference and weighting of the utility functions of the majority and minority and attempting to maximize social utility. We provide textual and circumstantial support for this proposition. Furthermore, we posit that the substitution of the judgment of an erudite judiciary for that of the majority - in the particular instances where supply and regulation of social goods are concerned - is a plausible means of arriving at near-efficient social outcomes. The structure, composition, and historical behavior of the federal appellate judiciary are cited to lend credence to this hypothesis. We suggest a positive model of the judicial role in democratic policymaking, and caution strongly against normative prescriptions drawn on its basis without empirical substantiation and careful consideration of where the limits on judicial intervention in majoritarian policymaking processes appropriately lie. We invite empirical investigation of our hypothesis.
Download or read book Flexibility and Function of Private Company Statutes written by Maarten J. Kroeze and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This contribution focuses on two themes: the function of private company statutes and their flexibility. It is recognised initially that private company statutes serve economic activities and purposes. In this instrumental role, they contribute to economic welfare. In addition, they have the function to serve legal certainty and to protect the justified interests of persons involved in a private company. This function is designed to promote fairness. Together these functions result in two types of rules in a private company statute: rules serving welfare, which are usually non-mandatory rules, and rules serving fairness, which are usually mandatory. The private company, as the object of these rules, has the internal characteristics of a partnership and the external characteristics of a corporate body. In addition, shareholders are financially and personally deeply involved in the private company and have no easy exit. These characteristics should be determinative for a private company statute. The author puts forward some suggestions for adjustments to the current Dutch proposal for a private company statute.
Download or read book Fairness in Law and Economics written by Lee Anne Fennell and published by Edward Elgar Publishing. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the relationship between fairness and the economic concept of efficiency is usually cast as an adversarial one, this collection demonstrates the robust and diverse ways in which economics engages - and cannot avoid engaging - with fairness. Part I contains papers presenting positive analyses of fairness preferences and beliefs, which are fundamental means through which fairness matters for economic models. Part II turns to normative analysis and the broad question of how law should reconcile fairness and efficiency considerations. Part III presents a sampling of legal and policy applications in which both fairness and efficiency considerations prove important. Along with an original introduction by the editors this is a must-have volume that will appeal to students, academics and practitioners who are interested in this exciting field.
Download or read book Human Rights Law written by Howard Davis and published by Oxford University Press. This book was released on 2016 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: A considered balance of depth, detail, context, and critique, Directions books offer the most student-friendly guide to the subject; they empower students to evaluate the law, understand its practical application, and approach assessments with confidence.
Download or read book Bulletin of the Atomic Scientists written by and published by . This book was released on 1955-04 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Bulletin of the Atomic Scientists is the premier public resource on scientific and technological developments that impact global security. Founded by Manhattan Project Scientists, the Bulletin's iconic "Doomsday Clock" stimulates solutions for a safer world.
Download or read book Courts Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Download or read book Regulation Versus Litigation written by Daniel P. Kessler and published by University of Chicago Press. This book was released on 2011-02 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation and those who prefer regulation by administrative agencies. This book explores the trade-offs between litigation and regulation, the circumstances in which one approach may outperform the other, and the principles that affect the choice between addressing particular economic activities with one system or the other. Combining theoretical analysis with empirical investigation in a range of industries, including public health, financial markets, medical care, and workplace safety, Regulation versus Litigation sheds light on the costs and benefits of two important instruments of economic policy.
Download or read book Bulletin of the Atomic Scientists written by and published by . This book was released on 1953-05 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Bulletin of the Atomic Scientists is the premier public resource on scientific and technological developments that impact global security. Founded by Manhattan Project Scientists, the Bulletin's iconic "Doomsday Clock" stimulates solutions for a safer world.
Download or read book Adversarial Legalism written by Robert A. Kagan and published by Harvard University Press. This book was released on 2019-10-08 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first edition of this groundbreaking book, Robert Kagan explained why America is much more adversarial—likely to rely on legal threats and lawsuits—than other economically advanced countries, with more prescriptive laws, more costly adjudications, and more severe penalties. This updated edition also addresses the rise of the conservative legal movement and anti-statism in the Republican party, which have put in sharp relief the virtues of adversarial legalism in its ability to empower citizens, lawyers, and judges to mount challenges to the arbitrary or unlawful exercise of government authority. “This is a wonderful piece of work, richly detailed and beautifully written. It is the best, sanest, and most comprehensive evaluation and critique of the American way of law that I have seen. Every serious scholar concerned with justice and efficiency, and every policymaker who is serious about improving the American legal order, should read this trenchant and exciting book.” —Lawrence Friedman, Stanford University “A tour de force. It is an elegantly written, consistently insightful analysis and critique of the American emphasis on litigation and punitive sanctions in the policy and administrative process.” —Charles R. Epp, Law and Society Review
Download or read book Legislative Calendar written by United States. Congress. House. Committee on Economic and Educational Opportunities and published by . This book was released on 1996 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Keeping Pace with Change Fintech and the Evolution of Commercial Law written by International Monetary Fund and published by International Monetary Fund. This book was released on 2022-01-27 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies.
Download or read book Copyright Law Revision written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 1966 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Hearings written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 1965 with total page 1910 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Hearings Reports and Prints of the House Committee on the Judiciary written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 1966 with total page 1414 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Dodge Idea and Power and Transmission written by and published by . This book was released on 1921 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt:
