Law and Social Economics: Essays in Ethical Values for Theory, Practice, and Policy

Administrative / Constitutional Law

Law and Social Economics: Essays in Ethical Values for Theory, Practice, and Policy

By Mark D. White
Palgrave Macmillan March 2015

Specifications

ISBN-13
9781137444301
Publisher
Palgrave Macmillan
Publication
March 2015
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This edited volume is the first collection of essays exploring the intersection of social economics and the law, providing alternatives to neoclassical law-and-economics and applying them to real-world issues.

Law is a social enterprise concerned with values such as justice, dignity, and equality, as well as efficiency - which is the same way that social economists conceive of the economy itself. Social economists and legal scholars alike need to acknowledge the interrelationship between the economy and the law in a broader ethical context than enabled by mainstream law-and-economics.

The ten chapters in Law and Social Economics, written by an international assortment of scholars from economics, philosophy, and law, employ a wide variety of approaches and methods to show how a more ethically nuanced approach to economics and the law can illuminate both fields and open up new avenues for studying social-economic behavior, policy, and outcomes in all their ethical and legal complexity.

Table of Contents

PART I: FOUNDATIONS
1. Towards a Contractarian Theory of Law
Claire Finkelstein
2. Environmental Ethics, Economics, and Property Law
Steven McMullen and Daniel Molling
3. Individual Rights, Economic Transactions and Recognition: A Legal Approach to Social Economics
Stefano Solari
4. Institutionalist Method and Forensic Proof
Robert M. LaJeunesse
5. Retributivist Justice and Dignity: Finding a Role for Economics in Criminal Justice
Mark D. White

PART II: APPLICATIONS
6. Female Genital Mutilation and the Law: A Qualitative Case Study
Regina Gemignani and Quentin Wodon
7. An Unexamined Oxymoron: Trust but Verify
David George
8. On the Question of Court Activism and Economic Interests in 19th Century Married Women's Property Law
Daniel MacDonald
9. Divergent Outcomes of Land Rights Claims of Indigenous Peoples in the United States
Wayne Edwards
10. Punitive (and) Pain-and-Suffering Damages in Brazil
Osny da Silva Filho
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