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Author: P. Cserne Publisher: Springer ISBN: 1137000325 Category : Business & Economics Languages : en Pages : 202
Book Description
A theoretical discussion and internal critique of mainstream law and economics scholarship, especially as it approaches the issue of paternalism. Cserne discusses how, and to what extent, economic analysis can explain and/or justify the limitations on freedom of contract, with special emphasis on paternalism.
Author: P. Cserne Publisher: Springer ISBN: 1137000325 Category : Business & Economics Languages : en Pages : 202
Book Description
A theoretical discussion and internal critique of mainstream law and economics scholarship, especially as it approaches the issue of paternalism. Cserne discusses how, and to what extent, economic analysis can explain and/or justify the limitations on freedom of contract, with special emphasis on paternalism.
Author: P. Cserne Publisher: Palgrave Macmillan ISBN: 9781349342860 Category : Business & Economics Languages : en Pages : 194
Book Description
A theoretical discussion and internal critique of mainstream law and economics scholarship, especially as it approaches the issue of paternalism. Cserne discusses how, and to what extent, economic analysis can explain and/or justify the limitations on freedom of contract, with special emphasis on paternalism.
Author: Michael J. Trebilcock Publisher: Harvard University Press ISBN: 0674979907 Category : Law Languages : en Pages : 326
Book Description
Our legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge. For example, should people be permitted to buy and sell blood, bodily organs, surrogate babies, or sexual favors? Is it fair to allow people with limited knowledge about a transaction and its consequences to enter into it without guidance from experts?
Author: Kalle Grill Publisher: Routledge ISBN: 1317326989 Category : Philosophy Languages : en Pages : 498
Book Description
While paternalism has been a long-standing philosophical issue, it has recently received renewed attention among scholars and the general public. The Routledge Handbook of the Philosophy of Paternalism is an outstanding reference source to the key topics, problems and debates in this exciting subject and is the first collection of its kind. Comprising twenty-seven chapters by a team of international contributors the handbook is divided into five parts: • What is Paternalism? • Paternalism and Ethical Theory • Paternalism and Political Philosophy • Paternalism without Coercion • Paternalism in Practice Within these sections central debates, issues and questions are examined, including: how should paternalism be defined or characterized? How is paternalism related to such moral notions as rights, well-being, and autonomy? When is paternalism morally objectionable? What are the legitimate limits of government benevolence? To what extent should medical practice be paternalistic? The Routledge Handbook of the Philosophy of Paternalism is essential reading for students and researchers in applied ethics and political philosophy. The handbook will also be very useful for those in related fields, such as law, medicine, sociology and political science.
Author: Anne Barnhill Publisher: Oxford University Press ISBN: 0190699248 Category : Philosophy Languages : en Pages : 640
Book Description
Academic food ethics incorporates work from philosophy but also anthropology, economics, the environmental sciences and other natural sciences, geography, law, and sociology. Scholars from these fields have been producing work for decades on the food system, and on ethical, social, and policy issues connected to the food system. Yet in the last several years, there has been a notable increase in philosophical work on these issues-work that draws on multiple literatures within practical ethics, normative ethics and political philosophy. This handbook provides a sample of that philosophical work across multiple areas of food ethics: conventional agriculture and alternatives to it; animals; consumption; food justice; food politics; food workers; and, food and identity.
Author: P. S. Atiyah Publisher: ISBN: Category : Contracts Languages : en Pages : 0
Book Description
The impact of freedom of contract in the 19th century extended far beyond the legal arena as an economic slogan and an ethical attitude. Atiyah traces the development and subsequent decline of the freedom of contract, depicting its effects on the law's development and the foundation of contractual obligations, as well as its broader implications for 19th century English life.
Author: Eyal Zamir Publisher: Oxford University Press ISBN: 0190901349 Category : Business & Economics Languages : en Pages : 641
Book Description
In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality. While the findings on bounded rationality and heuristics and biases were initially perceived as antithetical to standard economic and legal-economic analysis, over time they have been largely integrated into mainstream economic analysis, including economic analysis of law. Moreover, the impact of behavioral insights has long since transcended purely economic analysis of law: in recent years, the behavioral movement has become one of the most influential developments in legal scholarship in general. Behavioral Law and Economics offers a state-of-the-art overview of the field. Eyal Zamir and Doron Teichman survey the entire body of psychological research that lies at the basis of behavioral analysis of law, and critically evaluate the core methodological questions of this area of research. Following this, the book discusses the fundamental normative questions stemming from the psychological findings on bounded rationality, and explores their implications for setting the law's goals and designing the means to attain them. The book then provides a systematic and critical examination of the contributions of behavioral studies to all major fields of law including: property, contracts, consumer protection, torts, corporate, securities regulation, antitrust, administrative, constitutional, international, criminal, and evidence law, as well as to the behavior of key players in the legal arena: litigants and judicial decision-makers.
Author: Peter de Marneffe Publisher: Oxford University Press ISBN: 0199726108 Category : Philosophy Languages : en Pages : 204
Book Description
Civil libertarians characterize prostitution as a "victimless crime," and argue that it ought to be legalized. Feminist critics counter that prostitution is not victimless, since it harms the people who do it. Civil libertarians respond that most women freely choose to do this work, and that it is paternalistic for the government to limit a person's liberty for her own good. In this book Peter de Marneffe argues that although most prostitution is voluntary, paternalistic prostitution laws in some form are nonetheless morally justifiable. If prostitution is commonly harmful in the way that feminist critics maintain, then this argument for prostitution laws is not objectionably moralistic and some prostitution laws violate no one's rights. Paternalistic prostitution laws in some form are therefore consistent with the fundamental principles of contemporary liberalism.
Author: Gilles Saint-Paul Publisher: Princeton University Press ISBN: 0691128170 Category : Business & Economics Languages : en Pages : 175
Book Description
Political organization and the conception of man -- The challenge to the unitary individual in Western thought -- Economics: the last bastion of rationality -- Economics goes behavioral -- From utility to happiness -- Post-utilitarianism : searching for a collective soul in the behavioral era -- The policy prescriptions of behavioral economics -- The modern paternalistic state -- Responsibility transfer -- The role of science -- Markets in a paternalistic world -- Where to go?
Author: P. Cserne
Author: P. Cserne
Author: P. Cserne
Author: Péter Cserne
Author: Michael J. Trebilcock
Author: Kalle Grill
Author: Anne Barnhill
Author: P. S. Atiyah
Author: Eyal Zamir
Author: Peter de Marneffe
Author: Gilles Saint-Paul