The Progressive Assault on Laissez Faire
Harvard University Press, 30 Haz 2009 - 352 sayfa
Law and economics is the leading intellectual movement in law today. This book examines the first great law and economics movement in the early part of the twentieth century through the work of one of its most original thinkers, Robert Hale. Beginning in the 1890s and continuing through the 1930s, progressive academics in law and economics mounted parallel assaults on free-market economic principles. They showed first that "private," unregulated economic relations were in fact determined by a state-imposed regime of property and contract rights. Second, they showed that the particular regime of rights that existed at that time was hard to square with any common-sense notions of social justice. Today, Hale is best known among contemporary legal academics and philosophers for his groundbreaking writings on coercion and consent in market relations. The bulk of his writing, however, consisted of a critique of natural property rights. Taken together, these writings on coercion and property rights offer one of the most profound and elaborated critiques of libertarianism, far outshining the better-known efforts of Richard Ely and John R. Commons. In his writings on public utility regulation, Hale also made important contributions to a theory of just, market-based distribution. This first, full-length study of Hale's work should be of interest to legal, economic, and intellectual historians.
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action American analysis argued argument attack Bargaining Business capital chap choice claim Clark coercion Commons competitive constitutional contract Control cost Court demand discussion Distribution doctrine early Economic economists effect entitled equal example exchange existing fact factors ﬁrst folder force freedom given Hale argued Hale Papers Hale’s Harvard Law Review History Hobhouse income individual Industrial interest John Journal Justice labor laissez-faire land later Law Review least legislation letter Liberalism liberty limited Lockean marginal means measure merely Mill monopoly natural noted offered owner particular Political Political Economy position Principles private property problem production proﬁts progressive property rights protect public utilities question railroads Realists reason regulation rent rent theory result Roscoe Pound sacriﬁce Smyth social society suggested surplus taxation theory thought tion tort tradition Valuation wages wealth writing
Sayfa 29 - The world has never had a good definition of the word liberty, and the American people just now, are much in want of one. We all declare for liberty; but in using the same word we do not all mean the same thing. With some the word liberty...
Sayfa 29 - The shepherd drives the wolf from the sheep's throat, for which the sheep thanks the shepherd as a liberator, while the wolf denounces him for the same act as the destroyer of liberty, especially as the sheep was a black one. Plainly the sheep and the wolf are not agreed upon a definition of the word liberty...
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