
Markets, Morals, and the Law
Jules L. Coleman(Author)
Oxford University Press
Published on 19. September 2002
Book
Paperback/Softback
414 pages
978-0-19-925360-9 (ISBN)
Description
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. There are four sections in the book. The first offers a new version of legal positivism and an original theory of legal rights. The second section critically evaluates the economic approach to law, and the third considers the relationship of justice to liability for unintentional harms and to the practice of settling disputes rather than fully litigating them. Finally, Coleman explores formal social choice in democratic theory, the relationship between market behaviour and voting, and the view that morality itself, like law, is a solution of the problem of market failure. This book will be of cardinal importance to philosophers of law, legal theorists, political scientists, and economists.
Reviews / Votes
Coleman certainly gets one thinking ... wide ranging. * Legal Week * Review from previous edition This wide-ranging series of essays, representing the work of many years, conducts a thoughtful and stimulating dialogue with economic analysts of law and other legal and political theorists on subjects ranging from legal positivism to the settlement of civil cases out of court. * Judge Richard A. Posner, United States Court of Appeals for the Seventh Circuit * In Jules Coleman's essays, two rich fields of enquiries - how to understand law, and how far economic models apply to non-market institutions - are brought together and illuminated by one of the outstanding contemporary practitioners of legal philosophy. * David Gauthier, Distinguished Service Professor of Philosophy, University of Pittsburgh *More details
Language
English
Place of publication
Oxford
United Kingdom
Target group
Professional and scholarly
Illustrations
line figures
Dimensions
Height: 234 mm
Width: 156 mm
Thickness: 22 mm
Weight
629 gr
ISBN-13
978-0-19-925360-9 (9780199253609)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Person
Author
, Wesley Newcomb Hohfeld Professor of Jurisprudence and Professor of Philosophy, Yale University
Content
PART I: LAW AND MORALITY ; 1. Negative and Positive Positivism ; 2. Rethinking the Theory of Legal Rights ; PART II. LAW AND ECONOMICS ; 3. Efficiency, Auction, and Exchange ; 4. Efficiency, Utility, and Wealth Maximisation ; 5. The Foundation of Constitutional Economics ; PART III. TORTS, CRIMES AND SETTLEMENTS ; 6. Crimes, Kickers and Transaction Structures ; 7. The Morality of Strict Tort Liability ; 8. Corrective Justice and Wrongful Gain ; 9. Justice in Settlements ; PART IV. MARKETS, MORALS AND POLITICS ; 10. Market Contractarianism ; 11. Unanimity ; 12. Democracy and Social Choice ; 13. Morality and the Theory of Rational Choice