This book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central to liberal political, moral, and legal theory. In the first part of the book, he rejects traditional "rational choice" liberalism in favor of the view that the market operates as a rational way of fostering (...) stable relationships and institutions within communities of individuals with broadly divergent conceptions of the good. However, markets are needed most where they are most difficult to create and sustain, and one way to understand contract law in liberal legal theory, according to Professor Coleman, is as an institution designed to reduce uncertainty and thereby make markets possible. Another target of this book is the prevalent view that tort law helps rectify market failures when transaction costs are too high to permit contracting. The author argues instead that tort law should be understood as a way of rectifying wrongful losses not inefficient exchanges. (shrink)
This collection of essays by one of America's leading legal theorists is unique in its scope: it shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics, and political science.
This paper examines ethical, legal and economic dimensions of the decision facing employers regarding whether it is appropriate to monitor the electronic mail (e-mail) communications of its employees. We review the question of whether such monitoring is lawful. Recent e-mail monitoring cases are viewed as a progression from cases involving more established technologies (i.e., phone calls, internal memoranda, faxes and voice mail).The central focus of the paper is on the extent to which employer monitoring of employee e-mail presents a (...) structure of costs and benefits to the employer which are unlikely to make such a practice profitable or practical to the employer. The practice of employer monitoring to detect illicit employee behavior (e.g., fraud, harassment of fellow employees, industrial espionage) is considered. (shrink)
Since economies are dynamic processes driven by creativity, social norms, and emotions as well as rational calculation, why do economists largely study them using static equilibrium models and narrow rationalistic assumptions? Economic activity is as much a function of imagination and social sentiments as of the rational optimisation of given preferences and goods. Richard Bronk argues that economists can best model and explain these creative and social aspects of markets by using new structuring assumptions and metaphors derived from (...) the poetry and philosophy of the Romantics. By bridging the divide between literature and science, and between Romanticism and narrow forms of Rationalism, economists can access grounding assumptions, models, and research methods suitable for comprehending the creativity and social dimensions of economic activity. This is a guide to how economists and other social scientists can broaden their analytical repertoire to encompass the vital role of sentiments, language, and imagination. (shrink)
What is the appropriate criterion to use for distributive justice? Is it efficiency, need, contribution, entitlement, equality, effort, or ability? Globalization and Economic Ethics maintains that far from being rival principles of distributive justice, efficiency and need satisfaction are, in fact, complementary norms in our emerging knowledge economy. After all, human capital plays the central role in effecting and sustaining long-term efficiency in the Digital Age. This book explores the vital link between human capital formation and allocative efficiency using (...) the properties of the market and the knowledge economy as analytical tools. (shrink)
_____This book challenges us to take a broad and ethical view of economic behavior, which includes all forms of exchange and human interaction, from how we spend our money to how we fulfill our role as responsible human beings in a global ecological framework. Drawing on Jewish ethical teachings, mystical lore, and tales of the Hasidic masters, the author examines a wide range of subjects, including competition, partnerships, and contracts, loans and interest, the laws of fair exchange, and tips (...) and presents. _____ The Kabbalistic teachings in this book not only impart wisdom about the world of money, but also lead us to self-understanding and the magic of knowing who we are, what we really want, and how to receive it. _____. (shrink)
This volume reflects the results of a symposium held at Tillar House, the ASIL headquarters in Washington, DC, in November 2008 which brought together philosophers, legal scholars, and economists to discuss the problems of understanding ...
Bijural services as factors of production -- Commentary A on Breton and Salmon -- Commentary B on Breton and Salmon -- The challenge of incomplete law and how different legal systems respond -- Commentary C on Pistor and Xu -- Commentary D on Pistor and Xu -- Coevolution as an influence in the development of legal systems -- Commentary E on Breton and Des Ormeaux -- Commentary F on Breton and Des Ormeaux -- The demand for bijurally trained Canadian lawyers (...) -- Commentary G on Davis and Trebilcock -- Commentary H on Davis and Trebilcock. (shrink)
To properly comply with the Health Sector Act of 1992 a functioning competition should be introduced in the interests of the insured of the German Statutory Health Insurance, while still maintaining the principle of solidarity. This is a critical order-political aim, because the principles of solidarity and selfresponsibility as typically understood are functionally in contradiction. This paper analyzes the important measures of the Organizational Reform and concludes, that the principle of self-responsibility ought to obtain priority. Therefore, the German legislature (...) ought to focus on further competitively oriented reform steps. Keywords: health care reform, order-politics, sickness funds, self-responsibility, solidarity CiteULike Connotea Del.icio.us What's this? (shrink)
The concept of the individual and his/her motivations is a bedrock of philosophy. All strands of thought at heart contain to a particular theory of the individual. Economics, though, is guilty of taking this hugely important concept without questioning how we theorize it. This superb book remedies this oversight. The new approach put forward by Davies is to pay more attention to what moral philosophy may offer us in the study of personal identity, self consciousness and will. This crosses the (...) traditional boundaries of economics and will shed new light on the distinction between positive and normative analysis in economics. With both heterodox and orthodox economics receiving a thorough analysis from Davies, this book is at once inclusive and revealing. (shrink)
Introduction -- The commercialisation of science and the construction of the knowledge-based bio-economy -- The KBBE reality--the case of agriculture -- Intellectual property rights and the global commodification of knowledge -- Privatizing Chinese science : national development vs. neoliberal financialization -- Critical realism and the importance of ontological attention -- Critical realism and beyond in economics -- The realist transcendental argument.
Machine generated contents note: Introduction -- Chapter 1: Labor -- Political Ontology -- The Category Labor -- Labor1: Ontology of the Self -- Labor2: Historical Mode of Activity -- Labor3: Category of Capitalist Modernity -- Conclusion: On Work and Identity -- Chapter 2: Time -- Abstract Time as a System of Domination -- Bourgeois Temporal Norms -- Resistances to Temporal Domination -- Rebellions against Temporal Domination -- Complicity with Temporal Domination -- Conclusion: Social Class and Temporality -- Chapter 3: Property (...) -- Bourgeois Property and Ownership -- Is Water Property? -- Is Your Body Property? -- Conclusion: Does Property Help or Harm Us? -- Chapter 4: Value -- Use Value, Bourgeois Value, and The Work of Retrieval -- The Paradox of Value -- Imagining Value -- On Aristotle, Adam Smith, and Karl Marx -- Conclusion: Labor's Exchange Value -- Chapter 5: Crisis -- Political Economy -- Recurrence of Crisis -- Fall in the Rate of Profit -- The 2008 Economic Crisis and the False Desire of Home Ownership -- Conclusion: Crisis Writ Large. (shrink)
There is an increasingly widespread belief, both within and outside the discipline, that modern economics is irrelevant to the understanding of the real world. Economics and Reality traces this irrelevance to the failure of economists to match their methods with their subject, showing that formal, mathematical models are unsuitable to the social realities economists purport to address. Tony Lawson examines the various ways in which mainstream economics is rooted in positivist philosophy and examines the problems this causes. It focuses on (...) human agency, social structure and their interaction and explores how the understanding of this social phenomena can be used to transform the nature of economic practice. Economics and Reality concludes by showing how this newly transformed economics might set about shaping economic policy. (shrink)
United States will question a prospective loan early in the preparation process, And during final deliberation of a loan proposal by the Bank's executive board, it will make comments designed to draw attention to general matters of ...
"More than any thing else technology creates our world. It creates our wealth, our economy, our very way of being," says W. Brian Arthur. Yet, until now the major questions of technology have gone unanswered. Where do new technologies come from -- how exactly does invention work? What constitutes innovation, and how is it achieved? Why are certain regions -- Cambridge, England, in the 1920s and Silicon Valley today -- hotbeds of innovation, while others languish? Does technology, like biological life, (...) evolve? How do new industries, and the economy itself, emerge from technologies? In this groundbreaking work, pioneering technology thinker and economist W. Brian Arthur sets forth a boldly original way of thinking about technology that gives answers to these questions. The Nature of Technology is an elegant and powerful theory of technology's origins and evolution. It achieves for the progress of technology what Thomas Kuhn's The Structure of Scientific Revolutions did for scientific progress. Arthur explains how transformative new technologies arise and how innovation really works. Conventional thinking ascribes the invention of technologies to "thinking outside the box," or vaguely to genius or creativity, but Arthur shows that such explanations are inadequate. Rather, technologies are put together from pieces -- themselves technologies -- that already exist. Technologies therefore share common ancestries and combine, morph, and combine again to create further technologies. Technology evolves much as a coral reef builds itself from activities of small organisms -- it creates itself from itself; all technologies are descended from earlier technologies. Drawing on a wealth of examples, from historical inventions to the high-tech wonders of today, and writing in wonder fully engaging and clear prose, Arthur takes us on a mind-opening journey that will change the way we think about technology and how it structures our lives. (shrink)
Faculty of Law and Department of Philosophy, University of Toronto 1. INTRODUCTION The economic analysis of law has gone through a remarkable change in the past decade and a half. The founding articles of the discipline – such classic pieces as Ronald Coase’s “The problem of social cost” (1960), Richard Posner’s “A theory of negligence” (1972) and Guido Calabresi and Douglas Malamed’s “Property rules, liability rules, and inalienability: One view of the cathedral” (1972) – offered economic analyses of (...) familiar aspects of the common law, seeking to explain, in particular, fundamental features of the law of tort in terms of such economic ideas as transaction costs (Coase), Kaldor-Hicks efﬁciency (Posner), or minimizing the sum of the accident costs and avoidance costs (Calabresi and Malamed). In each case, they argued that the law of torts should be understood as a set of liability rules selected for their incentive effects, rather than as a set of substantive rights and remedies for their violation. These authors claimed to be able to explain most of the features of tort law and, where features were found that did not ﬁt with their preferred explanations, recommended modiﬁcation. Although they disagreed on important questions,1 each of the pieces seems to work a manageable structure into what strikes ﬁrst-year law students as an otherwise random morass of common-law judgments. Generations of legal academics were introduced to these works, and drawn into their way of looking at things. As a student studying ﬁrst-year torts with Calabresi at Yale, I had the sense that I was in the presence of greatness. (shrink)
"A rough spade for a rugged landscape" : on savage selves and more civil places -- "What remains of the harvest when the fence grazes the crop?" : on the proper violence of agrarian citizenship -- "The life of the thief leaves the belly always boiling" : on the nature and restraint of the criminal animal -- "Millets sown yield millets, evil sown yields evil" : on the moral returns of agrarian toil -- "Let the water for the paddy also (...) irrigate the grass" : on the sympathies of an aqueous self. (shrink)
The contributors to this volume move through time and space--from prehistoric Europe to the Enlightenment, and from industrial Victorian England to Aboriginal Australia--to compare the ways in which the environment is constructed in different ways across cultures.
Bringing these two emergent areas of thought into direct conversation in Before the Law, Cary Wolfe fosters a new discussion about the status of nonhuman animals and the shared plight of humans and animals under biopolitics.
This book offers ways to overcome problems that arise when voters, politicians, and bureaucrats pursue selfish interests rather than the general interest in their political behavior. It combines previously published ideas about charging people the costs of their political actions and selling insurance against unfavorable political outcomes, with new ideas about competing legislatures and incentives for generating efficient political outcomes. The book includes new are discussed, as well as a proposed constitution and its rationale.
La obra recoge, desde una perspectiva interdisciplinar, las aportaciones de un grupo de investigadores españoles e italianos que han trabajado conjuntamente durante varios años en distintas cuestiones en torno a las posibilidades y riesgos de los avances biotecnológicos y su incidencia en el campo de los derechos humanos. Los estudios y debates se han realizado en el marco del programa de doctorado internacional sobre "Derechos humanos: Problemas actuales" encabezado por las Universidades de Valencia y Palermo. El Profesor Jesús Ballesteros, Catedrático (...) de Filosofía del Derecho en la Universidad de Valencia, ha sido el encargado de dirigir y coordinar este proyecto. (shrink)
Ecology and Revolution: Global Crisis and the Political Challenge is an in-depth exploration and analysis of the global ecological crisis (going far beyond the issue of global warming) in the larger context of historical conditions and ...
Machine generated contents note: SECTION 1 THE WORLD BEFORE GLOBALIZATION: CHANGING -- SCALES OF EXPERIENCE Edited by Denis Shaw -- Chapter 1 Pre-capitalist worlds Denis Shaw -- Chapter 2 The rise and spread of capitalism Terry Slater -- Chapter 3 The making of the twentieth-century world Denis Shaw -- SECTION 2 SOCIETY, SETTLEMENT AND CULTURE Edited by Denis Shaw -- Chapter 4 Cities Allan Cochrane -- Chapter 5 Rural alternatives Ian Bowler -- Chapter 6 Geography, culture and global change Cheryl (...) McEwan -- SECTION 3 POPULATION, RESOURCES AND DEVELOPMENT -- Edited by iMichael Bradshaw -- Chapter 7 Demographic transformations Tony Champion -- Chapter 8 Resources and development Michael Bradshaw -- Chapter 9 Changing geographies of global food production Brian Ilbery -- Chapter 10 Alternative geographies of global development and inequality -- Marcus Power -- SECTION 4 PRODUCTION, EXCHANGE AND CONSUMPTION -- Edited by Peter Daniels -- Chapter 11 The geography of the economy Peter Daniels -- Chapter 12 The global production system: from Fordism to post-Fordism -- John Bryson and Nick Henry -- Chapter 13 The global financial system: worlds of monies Jane Pollard -- Chapter 14 Worlds of consumption Philip Crang -- SECTION 5 GEOPOLITICS, STATES AND CITIZENSHIP -- Edited by James Sidaway -- Chapter 15 Geopolitical traditions James Sidaway -- Chapter 16 The place of the nation-state James Sidaway -- Chapter 17 States, citizenship and collective action Murray Low -- Conclusions Challenges and promises -- Peter Daniels, Michael Bradshaw, Denis Shaw and James Sidaway -- Glossary -- Bibliography -- Index. (shrink)
Businesses that produce bioscience products—gene tests and therapies, pharmaceuticals, vaccines, and medical devices—are regularly confronted with ethical issues concerning these technologies. Conflicts exist between those who support advancements in bioscience and those who fear the consequences of unfettered scientific license. As the debate surrounding bioscience grows, it will be increasingly important for business managers to consider the larger consequences of their work. This groundbreaking book follows industry research, development, and marketing of medical and bioscience products across a variety of fields, (...) including biotechnology, pharmaceuticals, and bio-agriculture. Compelling and current case studies highlight the ethical decisions business managers frequently face. With the increasing visibility and public expectation placed on businesses in this sector, managers need to understand the ethical and social issues. This book addresses that need and provides a framework for incorporating ethical analysis in business decision making. (shrink)
Brahma? -- Thoreau's experiment -- The guru arrives -- Swami Vivekananda's legacy -- The making of an American guru -- Theos Bernard's spiritual heroism -- Margaret Woodrow Wilson "turns Hindu" -- Uncovering reality in Hollywood -- Hatha yoga on Sunset Boulevard -- Psychedelic sages -- How to be a guru without really trying -- Marshmallow yoga -- The new penitents.
Machine generated contents note: Part I. Origins and Contours: 1. Historical perspectives on legal pluralism Lauren Benton; 2. The rule of law and legal pluralism in development Brian Z. Tamanaha; 3. Bendable rules: the development implications of human rights pluralism David Kinley; 4. Legal pluralism and legal culture: mapping the terrain Sally Engle Merry; 5. Towards equity in development when the law is not the law: reflections on legal pluralism in practice Daniel Adler and So Sokbunthouen; Part II. Theoretical Foundations (...) and Conceptual Debates: 6. Sustainable diversity in law H. Patrick Glenn; 7. Legal pluralism 101 William Twining; 8. The development 'problem' of legal pluralism: an analysis and steps towards solutions Gordon R. Woodman; 9. Institutional hybrids and the rule of law as a regulatory project Kanishka Jayasuriya; 10. Some implications of the application of legal pluralism to development practice Doug J. Porter; Part III. From Theory to Practice: 11. Legal pluralism and international development agencies: state building or legal reform Julio Faundez; 12. Access to property and citizenship: marginalization in a context of legal pluralism Christian Lund; 13. The publicity 'defect' of customary law Varun Gauri; 14. Unearthing pluralism: mining, multilaterals and the state Meg Taylor and Nicholas Menzies; 15. The problem with problematizing legal pluralism: lessons from the field Deborah H. Isser. (shrink)
How_more open ways of thinking and operating are beginning to pervade even the largest and most complex institutions, from global corporations to government departments _ The future of business is loose-loose organizations, management styles, brands, thinking, and communications. For example,_Google breaks the traditional rules of branding by changing its logo everyday, Doritos handed over the premium advertising slot in the Superbowl to a couple of amateur filmmakers, and even Pope Benedict XVI has embraced the inclusive "Obama model" of communication with (...) YouTube broadcasts in 27 languages in an attempt to encourage debate. By building on cutting-edge case studies and conversations with the smartest business people from around the globe, this book challenges received wisdom and explains new ways of managing companies, building brands, engaging with customers, and marketing products and services._Shaking up the status quo and showing how prevailing business wisdom needs to change, this book will help_you change_their terms of business, before they are changed for you. (shrink)
In 1990, when the Berlin Wall fell and the Cold War ended, economic and political analysts declared the world a safer place. But not political journalist Robert Harvey. The roar of international optimism only intensified the pangs of his geopolitical anxiety. In 1995, in The Return of the Strong, he warned Western democracies that the tides of economic globalization were sweeping the world toward a new crisis. Unfortunately, the attack on the World Trade Center in New York City (...) on September 11, 2001, justified Harvey's alarm. It also prompted him to revise and update his analysis of the dangers facing the free world. Global Disorder not only examines the precarious state of world affairs in the aftermath of 9/11 but also offers far-reaching proposals for the reform of global security. In light of the emergence of the United States as the world's first megapower, Harvey explores the sources of international tension that have increasingly commanded the attention of the West and lays out the perils inherent in the globalization of capitalism without political or economic control. He presents constructive measures that he believes the West—especially the United States—must undertake to restore stability around the world and truly ensure international security. (shrink)
International Justice and the Third World examines the conceptual and ethical issues surrounding the idea of development. The contributors forcefully contest the view that there is no such thing as justice beween societies of unequal power, and no obligation to assist poor people in distant countries. While attentive to and explicatory of the presuppositions adhering to development models, Liberal and Marxist approaches to universal responsibilities are forwarded and these approaches' ability to manage global issues of equity are weighed.
"I do solemnly swear" -- Economics in practice : what do economists do? -- Ethical challenges confronting the applied economist -- Historical perspective : "don't predict the interest rate!" -- Interpreting the silence : the economic case against professional economic ethics -- The economic case against professional economic ethics : a rebuttal -- The positive case for professional economic ethics -- Learning from others : ethical thought across the professions -- Economists as social engineers : (...) an ethical evaluation of market liberalization in the south and transition economies -- Global economic crisis and the crisis in economics -- On sleeping too well : in search of professional economic ethics -- Training the "ethical economist" -- The economist's oath. (shrink)