Free Markets and Social JusticeOxford University Press, 1999. 3. 18. - 415페이지 The newest work from one of the most preeminent voices writing in the legal/political arena today, this important book presents a new conception of the relationship between free markets and social justice. The work begins with foundations--the appropriate role of existing "preferences," the importance of social norms, the question whether human goods are commensurable, and issues of distributional equity. Continuing with rights, the work shows that markets have only a partial but instrumental role in the protection of rights. The book concludes with a discussion on regulation, developing approaches that would promote both economic and democratic goals, especially in the context of risks to life and health. Free Markets and Social Justice develops seven basic themes during its discussion: the myth of laissez-faire; preference formation and social norms; the contextual character of choice; the importance of fair distribution; the diversity of human goods; how law can shape preferences; and the puzzles of human rationality. As the latest word from an internationally-renowned writer, this work will raise a number of important questions about economic analysis of law in its conventional form. |
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agencies Amartya Sen analysis ancillary risks approach assessment availability heuristic behavior benefits broadcasting Cambridge choices citizens claim collective action problems commensurability Congress Consider constitutional context contingent valuation cost-benefit cost-benefit analysis costs Court create deal decision Delaney Clause democracy democratic discrimination diverse Econ economic effects efforts endowment effect ensure environmental example existing fact free markets goal governmental groups harmful human important impose incentives incommensurability issues Jon Elster judgments kinds of valuation Kip Viscusi legislation limits Madisonian ment must-carry NHTSA PACs particular percent perhaps political pollution possible preferences produce programs promote protection question reason reflect reform regulatory relevant require Richard Thaler role safety sense social norms sometimes speech status quo bias statutes strategies suggest supra note technologies things tion trade-offs University Press willingness to pay
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105 페이지 - The principle of utility does not mean that any given pleasure, as music, for instance, or any given exemption from pain, as for example health, is to be looked upon as means to a collective something termed happiness, and to be desired on that account. They are desired and desirable in and for themselves; besides being means, they are a part of the end.
167 페이지 - I go on this great republican principle, that the people will have virtue and intelligence to select men of virtue and wisdom. Is there no virtue among us?~ If there be not, we are in a wretched situation.
105 페이지 - It is quite compatible with the principle of utility to recognize the fact, that some kinds of pleasure are more desirable and more valuable than \ others.
226 페이지 - But the concept that government may restrict the speech of some elements of our society in order to enhance the relative voice of others is wholly foreign to the First Amendment...
320 페이지 - The right of every businessman, large and small, to trade in an atmosphere of freedom from unfair competition and domination by monopolies at home or abroad; The right of every family to a decent home; The right to adequate medical care and the opportunity to achieve and enjoy good health; The right to adequate protection from the economic fears of old age, sickness, accident, and unemployment; The right to a good education.
167 페이지 - Is there no virtue among us ? If there be not, we are in a wretched situation. No theoretical checks, no form of government, can render us secure. To suppose that any form of government will secure liberty or happiness without any virtue in the people, is a chimerical idea.
320 페이지 - The right to a useful and remunerative job in the industries or shops or farms or mines of the nation ; The right to earn enough to provide adequate food and clothing and recreation...
105 페이지 - ... perfection as an end ; of desiring, \for its own sake, the conformity of his own character to his standard of excellence, without hope of good, or fear of evil, from other source than his own inward consciousness. Even in the more limited form of conscience, this great fact in human nature escapes him. Nothing is more curious than the absence of recognition, in any of his writings, of the existence of conscience, as a thing distinct from philanthropy, from affection for God or man, and from self-interest...
21 페이지 - ... seek stringent laws protecting the environment or endangered species, even though they do not use the public parks or derive material benefits from protection of such species; they...