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

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

Author: Mark D. White
Publisher: Palgrave Macmillan
ISBN: 9781137444301
Published In: March 2015
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

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