Law

The Opening of American Law

Neoclassical Legal Thought, 1870-1970

Author: Herbert Hovenkamp

Publisher: Oxford University Press, USA

ISBN: 0199331308

Category: Law

Page: 460

View: 3278

Two late Victorian ideas disrupted American legal thought: the Darwinian theory of evolution and marginalist economics. The legal thought that emerged can be called 'neoclassical', because it embodied ideas that were radically new while retaining many elements of what had gone before. Although Darwinian social science was developed earlier, in most legal disciplines outside of criminal law and race theory marginalist approaches came to dominate. This book carries these themes through a variety of legal subjects in both public and private law.
History

The Jurisprudence of Style

A Structuralist History of American Pragmatism and Liberal Legal Thought

Author: Justin Desautels-Stein

Publisher: Cambridge University Press

ISBN: 1107156653

Category: History

Page: 332

View: 3129

Offers a structuralist critique of the relationship between pragmatism and liberalism in American legal thought.
Business & Economics

Illiberal Reformers

Race, Eugenics, and American Economics in the Progressive Era

Author: Thomas C. Leonard

Publisher: Princeton University Press

ISBN: 1400874076

Category: Business & Economics

Page: 264

View: 9041

In Illiberal Reformers, Thomas Leonard reexamines the economic progressives whose ideas and reform agenda underwrote the Progressive Era dismantling of laissez-faire and the creation of the regulatory welfare state, which, they believed, would humanize and rationalize industrial capitalism. But not for all. Academic social scientists such as Richard T. Ely, John R. Commons, and Edward A. Ross, together with their reform allies in social work, charity, journalism, and law, played a pivotal role in establishing minimum-wage and maximum-hours laws, workmen's compensation, antitrust regulation, and other hallmarks of the regulatory welfare state. But even as they offered uplift to some, economic progressives advocated exclusion for others, and did both in the name of progress. Leonard meticulously reconstructs the influence of Darwinism, racial science, and eugenics on scholars and activists of the late nineteenth and early twentieth centuries, revealing a reform community deeply ambivalent about America's poor. Illiberal Reformers shows that the intellectual champions of the regulatory welfare state proposed using it not to help those they portrayed as hereditary inferiors but to exclude them.
Business & Economics

American Amnesia

How the War on Government Led Us to Forget What Made America Prosper

Author: Jacob S. Hacker,Paul Pierson

Publisher: Simon and Schuster

ISBN: 1451667833

Category: Business & Economics

Page: 464

View: 4976

"A spirited examination of why what's good for American business elites and what's good for Americans have become misaligned"--Front jacket flap.
Antitrust law

Antitrust Law, Policy, and Procedure

Cases, Materials, Problems

Author: E. Thomas Sullivan,Herbert Hovenkamp,Howard A. Shelanski,Christopher R. Leslie

Publisher: N.A

ISBN: 9781630430153

Category: Antitrust law

Page: 1164

View: 8397

Business & Economics

The General Theory of Employment, Interest, and Money

Author: John Maynard Keynes

Publisher: Springer

ISBN: 3319703447

Category: Business & Economics

Page: 404

View: 337

This book was originally published by Macmillan in 1936. It was voted the top Academic Book that Shaped Modern Britain by Academic Book Week (UK) in 2017, and in 2011 was placed on Time Magazine's top 100 non-fiction books written in English since 1923. Reissued with a fresh Introduction by the Nobel-prize winner Paul Krugman and a new Afterword by Keynes’ biographer Robert Skidelsky, this important work is made available to a new generation. The General Theory of Employment, Interest and Money transformed economics and changed the face of modern macroeconomics. Keynes’ argument is based on the idea that the level of employment is not determined by the price of labour, but by the spending of money. It gave way to an entirely new approach where employment, inflation and the market economy are concerned. Highly provocative at its time of publication, this book and Keynes’ theories continue to remain the subject of much support and praise, criticism and debate. Economists at any stage in their career will enjoy revisiting this treatise and observing the relevance of Keynes’ work in today’s contemporary climate.
Man-woman relationships

The Age of Innocence

Author: Edith Wharton

Publisher: Windsor Editions

ISBN: N.A

Category: Man-woman relationships

Page: 364

View: 4616

Social Science

Law and the Modern Mind

Author: Jerome Frank

Publisher: Routledge

ISBN: 1351509551

Category: Social Science

Page: N.A

View: 6393

Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.
Social Science

Plunder

When the Rule of Law is Illegal

Author: Ugo Mattei,Laura Nader

Publisher: John Wiley & Sons

ISBN: 0470695803

Category: Social Science

Page: 296

View: 1083

Plunder examines the dark side of the Rule of Law and explores how it has been used as a powerful political weapon by Western countries in order to legitimize plunder – the practice of violent extraction by stronger political actors victimizing weaker ones. Challenges traditionally held beliefs in the sanctity of the Rule of Law by exposing its dark side Examines the Rule of Law's relationship with 'plunder' – the practice of violent extraction by stronger political actors victimizing weaker ones – in the service of Western cultural and economic domination Provides global examples of plunder: of oil in Iraq; of ideas in the form of Western patents and intellectual property rights imposed on weaker peoples; and of liberty in the United States Dares to ask the paradoxical question – is the Rule of Law itself illegal?
Law

Griffin on Human Rights

Author: Roger Crisp

Publisher: Oxford University Press, USA

ISBN: 0199668736

Category: Law

Page: 237

View: 3914

Human rights are one of the most controversial and widely discussed ideas in contemporary politics, ethics, and law--and one of the most significant contributors to the debate has been James Griffin, formerly White's Professor of Moral Philosophy at the University of Oxford. In his book, On Human Rights, and in other work, Griffin has defended the view that contemporary judicial understandings of human rights rest on an insecure theoretical basis. Thishas had the result that the language of human rights has been over-extended, and consequently has less force where it really matters. On Griffin's view, human rights are best understood as protections of ouragency and personhood, and he argues his case with reference to many real-life human rights cases. This volume collects several of the most significant responses to Griffin by internationally leading moral and political philosophers. It also includes a response by Griffin himself.
Law

The Transformation of American Law, 1780-1860

Author: Morton J. HORWITZ,Morton J Horwitz

Publisher: Harvard University Press

ISBN: 0674038789

Category: Law

Page: 384

View: 4890

Business & Economics

The Cult of the Market

Economic Fundamentalism and Its Discontents

Author: Lee Boldeman

Publisher: ANU E Press

ISBN: 1921313544

Category: Business & Economics

Page: 316

View: 6020

"'The Cult of the Market: Economic Fundamentalism and its Discontents' disputes the practical value of the shallow, all-encompassing, dogmatic, economic fundamentalism espoused by policy elites in recent public policy debates, along with their gross simplifications and sacred rules. Economics cannot provide a convincing overarching theory of government action or of social action more generally. Furthermore, mainstream economics fails to get to grips with the economic system as it actually operates. It advocates a more overtly experimental, eclectic and pragmatic approach to policy development which takes more seriously the complex, interdependent, evolving nature of society and the economy. Importantly, it is an outlook that recognises the pervasive influence of asymmetries of wealth, power and information on bargaining power and prospects throughout society. The book advocates a major reform of the teaching of economics"--Provided by publisher.
Law

International Law as a Profession

Author: Jean d'Aspremont,Tarcisio Gazzini,André Nollkaemper,Wouter Werner

Publisher: Cambridge University Press

ISBN: 1108138683

Category: Law

Page: N.A

View: 8850

International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may, in different contexts, play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays reveals a bilateral process whereby, on the one hand, the professionalisation of international law informs discourses about the law, and, on the other hand, discourses about the law inform the professionalisation of the discipline. Intended to promote a dialogue between practice and scholarship, this book is a must-read for all those engaged in the profession of international law.
Business & Economics

Capital in the Twenty-First Century

Author: Thomas Piketty

Publisher: Harvard University Press

ISBN: 0674979850

Category: Business & Economics

Page: 816

View: 4137

The main driver of inequality—returns on capital that exceed the rate of economic growth—is again threatening to generate extreme discontent and undermine democratic values. Thomas Piketty’s findings in this ambitious, original, rigorous work will transform debate and set the agenda for the next generation of thought about wealth and inequality.
Political Science

Unequal Democracy

The Political Economy of the New Gilded Age

Author: Larry M. Bartels

Publisher: Princeton University Press

ISBN: 1400883369

Category: Political Science

Page: 424

View: 8702

Bartels’s acclaimed examination of how the American political system favors the wealthy—now fully revised and expanded The first edition of Unequal Democracy was an instant classic, shattering illusions about American democracy and spurring scholarly and popular interest in the political causes and consequences of escalating economic inequality. This revised, updated, and expanded second edition includes two new chapters on the political economy of the Obama era. One presents the Great Recession as a "stress test" of the American political system by analyzing the 2008 election and the impact of Barack Obama's "New New Deal" on the economic fortunes of the rich, middle class, and poor. The other assesses the politics of inequality in the wake of the Occupy Wall Street movement, the 2012 election, and the partisan gridlock of Obama’s second term. Larry Bartels offers a sobering account of the barriers to change posed by partisan ideologies and the political power of the wealthy. He also provides new analyses of tax policy, partisan differences in economic performance, the struggle to raise the minimum wage, and inequalities in congressional representation. President Obama identified inequality as "the defining challenge of our time." Unequal Democracy is the definitive account of how and why our political system has failed to rise to that challenge. Now more than ever, this is a book every American needs to read.
History

Native Claims

Indigenous Law Against Empire, 1500-1920

Author: Saliha Belmessous

Publisher: OUP USA

ISBN: 0199794855

Category: History

Page: 278

View: 9798

This groundbreaking collection of essays shows that, from the moment European expansion commenced through to the twentieth century, indigenous peoples from America, Africa, Australia and New Zealand drafted legal strategies to contest dispossession. The story of indigenous resistance to European colonization is well known. But legal resistance has been wrongly understood to be a relatively recent phenomenon. These essays demonstrate how indigenous peoples throughout the world opposed colonization not only with force, but also with ideas. They made claims to territory using legal arguments drawn from their own understanding of a law that applies between peoples - a kind of law of nations, comparable to that being developed by Europeans. The contributors to this volume argue that in the face of indigenous legal arguments, European justifications of colonization should be understood not as an original and originating legal discourse but, at least in part, as a form of counter-claim. Native Claims: Indigenous Law against Empire, 1500-1920 brings together the work of eminent social and legal historians, literary scholars, and philosophers, including Rolena Adorno, Lauren Benton, Duncan Ivison, and Kristin Mann. Their combined expertise makes this volume uniquely expansive in its coverage of a crucial issue in global and colonial history. The various essays treat sixteenth- and seventeenth-century Latin America, seventeenth- and eighteenth-century North America (including the British colonies and French Canada), and nineteenth-century Australasia and Africa. There is no other book that examines the issue of European dispossession of native peoples in such a way.
Social Science

Governance Of Science

Ideology and the Future of the Open Society

Author: Fuller, Steve

Publisher: McGraw-Hill Education (UK)

ISBN: 0335202349

Category: Social Science

Page: 167

View: 9991

This ground-breaking text offers a fresh perspective on the governance of science from the standpoint of social and political theory. Science has often been seen as the only institution that embodies the elusive democratic ideal of the 'open society'. Yet, science remains an elite activity that commands much more public trust than understanding, even though science has become increasingly entangled with larger political and economic issues.
Law

Creation without Restraint

Promoting Liberty and Rivalry in Innovation

Author: Christina Bohannan,Herbert Hovenkamp

Publisher: Oxford University Press

ISBN: 0199813493

Category: Law

Page: 440

View: 2920

Creation without Restraint: Promoting Liberty and Rivalry in Innovation analyzes the current state of competition (antitrust) and intellectual property laws, and proposes realistic reforms that will encourage innovation. As with antitrust and a reform process that aligned injury requirements in lawsuits with the incentive to compete, this book proposes similar reforms for patent and copyright law, and considers both the uses and limitations of antitrust as a vehicle for intellectual property law reform.