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)
The economics of science is a discipline with a long history, and yet one where there if often too little dialogue between its constituent parts. The articles in this issue's focused discussion begin to address that problem by examining recent developments in science's economic circumstances from a variety of disciplinary perspectives.
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)
In the epistemological context of theory transferand scientific exchanges, the aim of this paper is to indicate the presence of Weberian categories and ideas on dependency theory formulated by Fernando Cardosoand Enzo Faletto. Here we see how the construction of this paradigm was based on some issues, concepts, approaches and orientations of the Weberian research program formulated by José Medina Echavarría to explain Latin American development. We will also consider the contexts of enunciation and reception theories, allowing us to talk (...) about the "sociological school" that was formed in the Social Planning Division of ILPES in mid-sixties, crucial for understanding the history of sociology in Latin America. En el contexto de la discusión epistemológica sobre el examen de las transferencias y los intercambios científicos de las teorías, el objetivo de este artículo es señalar la presencia de categorías e ideas weberianas en lateoría de la dependencia formulada por Fernando Cardoso y Enzo Faletto. Aquí veremos cómo la construcción de este paradigma se sustentó en algunos temas, conceptos, enfoques y orientaciones del programa de investigación weberiano formulado por José Medina Echavarría para explicar el desarrollo latinoamericano. También tendremos en cuenta los contextos de enunciación y de recepción de las teorías, lo que nos permitirá hablar de la "escuela sociológica" que se formó en la División de Planificación Social del ILPES a mitad de los años 60, decisiva para comprender la historia de la sociología en América Latina. (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. (shrink)
In tort law, including Lithuanian tort law, damage usually is divided into two types: pecuniary and non-pecuniary damage. The concept of non-pecuniary damage has recently become a focus of attention of Lithuanian legal researchers. However, it has to be noted that the issues related to the concept of pecuniary damage remain scarcely analysed. As a result, the unique type of pecuniary damage, i.e. the damage of purely economic character, has received no attention whatsoever in Lithuanian tort law. It is (...) usually believed that the defence of the values of purely material character fall into the sphere of contractual law, while tort law is not concerned with the protection of these values. However, in the course of the development of social relations it has become apparent that in the present-day society personal financial losses have become equally important to the cases of actual damage to a person or a property. On the other hand, the fear to overextend the limits of tort law and, thus, limit the persons’ freedom to act, coupled with the different nature of the values protected by tort law provide grounds for the position that relatively abstract financial interests and absolute values or relative personal values should be protected in different ways. Referring to the doctrine and practice of foreign countries as well as the results of the analysis of Lithuanian positive law and court practices, in this article we aim at giving an answer to the question of where and how the ambit of protection under the tort law in the cases of damage of purely economic character should be defined. (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)