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Law, Liberty, and the Competitive Market

Law, Liberty, and the Competitive Market PDF Author: Bruno Leoni
Publisher: Routledge
ISBN: 1351509497
Category : Business & Economics
Languages : en
Pages : 332

Book Description
"Law, Liberty, and the Competitive Market" brings the clash between law and legislation to the attention of economists and political scientists. It fills a void and offers a series of texts that have not previously been translated into English. This anthology connects various articles by Leoni on economics and law with the objective of emphasizing how much Leoni's own theory in the juridical environment was influenced by reflection on authors of the Austrian school - from Carl Menger to Ludwig von Mises, from Friedrich von Hayek to Murray N. Rothbard.The essays dealing with economics help us understand how many of Leoni's positions were libertarian. A careful reader of Mises, Leoni often ends up by assuming positions that are even more anti-state than those of the Austrian economist (concerning monopolies, for example). It is significant that in the 1960s his thought was influenced by Rothbard. The very critiques that he addresses to normativism and to analytical philosophy contain strong ideological elements, as they move from the awareness that legal positivism leads to statism and philosophical relativism to acquiescence in the face of power.Studying the market economy, Leoni perceives opposition between spontaneous order and planning. In this way, he understands how such a contrast is significant for the origins of norms. Leoni's idea of a law able to protect individual liberty has its roots in the market. Thus, the market is at the same time the model he uses to conceive the legal order and an institution fundamental for the service of civilization, which the law is called to protect. This is an important work by a figure only now being recognized as a pioneer in the field of economics and an innovator in political theory.

Law, Liberty, and the Competitive Market

Law, Liberty, and the Competitive Market PDF Author: Bruno Leoni
Publisher: Routledge
ISBN: 1351509497
Category : Business & Economics
Languages : en
Pages : 332

Book Description
"Law, Liberty, and the Competitive Market" brings the clash between law and legislation to the attention of economists and political scientists. It fills a void and offers a series of texts that have not previously been translated into English. This anthology connects various articles by Leoni on economics and law with the objective of emphasizing how much Leoni's own theory in the juridical environment was influenced by reflection on authors of the Austrian school - from Carl Menger to Ludwig von Mises, from Friedrich von Hayek to Murray N. Rothbard.The essays dealing with economics help us understand how many of Leoni's positions were libertarian. A careful reader of Mises, Leoni often ends up by assuming positions that are even more anti-state than those of the Austrian economist (concerning monopolies, for example). It is significant that in the 1960s his thought was influenced by Rothbard. The very critiques that he addresses to normativism and to analytical philosophy contain strong ideological elements, as they move from the awareness that legal positivism leads to statism and philosophical relativism to acquiescence in the face of power.Studying the market economy, Leoni perceives opposition between spontaneous order and planning. In this way, he understands how such a contrast is significant for the origins of norms. Leoni's idea of a law able to protect individual liberty has its roots in the market. Thus, the market is at the same time the model he uses to conceive the legal order and an institution fundamental for the service of civilization, which the law is called to protect. This is an important work by a figure only now being recognized as a pioneer in the field of economics and an innovator in political theory.

Law, Liberty, and the Competitive Market

Law, Liberty, and the Competitive Market PDF Author: Bruno Leoni
Publisher:
ISBN: 9780203787519
Category : Electronic books
Languages : en
Pages :

Book Description
""Law, Liberty, and the Competitive Market" brings the clash between law and legislation to the attention of economists and political scientists. It fills a void and offers a series of texts that have not previously been translated into English. This anthology connects various articles by Leoni on economics and law with the objective of emphasizing how much Leoni's own theory in the juridical environment was influenced by reflection on authors of the Austrian school - from Carl Menger to Ludwig von Mises, from Friedrich von Hayek to Murray N. Rothbard.The essays dealing with economics help us understand how many of Leoni's positions were libertarian. A careful reader of Mises, Leoni often ends up by assuming positions that are even more anti-state than those of the Austrian economist (concerning monopolies, for example). It is significant that in the 1960s his thought was influenced by Rothbard. The very critiques that he addresses to normativism and to analytical philosophy contain strong ideological elements, as they move from the awareness that legal positivism leads to statism and philosophical relativism to acquiescence in the face of power.Studying the market economy, Leoni perceives opposition between spontaneous order and planning. In this way, he understands how such a contrast is significant for the origins of norms. Leoni's idea of a law able to protect individual liberty has its roots in the market. Thus, the market is at the same time the model he uses to conceive the legal order and an institution fundamental for the service of civilization, which the law is called to protect. This is an important work by a figure only now being recognized as a pioneer in the field of economics and an innovator in political theory."--Provided by publisher.

Originalism and the Good Constitution

Originalism and the Good Constitution PDF Author: John O. McGinnis
Publisher: Harvard University Press
ISBN: 067472626X
Category : Law
Languages : en
Pages : 309

Book Description
Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities--both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can originalism be justified, given the exclusion of African Americans and women from the Constitution and many of its subsequent Amendments? What is originalism's place in interpretation, after two hundred years of non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, now the most prominent theory of constitutional interpretation.

How Antitrust Failed Workers

How Antitrust Failed Workers PDF Author: Eric A. Posner
Publisher: Oxford University Press
ISBN: 019750762X
Category : LAW
Languages : en
Pages : 225

Book Description
"Antitrust law has very rarely been used by workers to challenge anticompetitive employment practices. Yet recent empirical research shows that labor markets are highly concentrated, and that employers engage in practices that harm competition and suppress wages. These practices include no-poaching agreements, wage-fixing, mergers, covenants not to compete, and misclassification of gig workers as independent contractors. This failure of antitrust to challenge labor-market misbehavior is due to a range of other failures-intellectual, political, moral, and economic. And the impact of this failure has been profound for wage levels, economic growth, and inequality. In light of the recent empirical work, it is urgent for regulators, courts, lawyers, and Congress to redirect antitrust resources to labor market problems. This book offers a strategy for judicial and legislative reform"--

Competition Policy in America

Competition Policy in America PDF Author: Rudolph J. R. Peritz
Publisher: Oxford University Press
ISBN: 0198032927
Category : Law
Languages : en
Pages : 425

Book Description
Americans have long appealed to images of free competition in calling for free enterprise, freedom of contract, free labor, free trade, and free speech. This imagery has retained its appeal in myriad aspects of public policy--for example, Senator Sherman's Anti-Trust Act of 1890, Justice Holmes's metaphorical marketplace of ideas, and President Reagan's rhetoric of deregulation. In Competition Policy in America, 1888-1992, Rudolph Peritz explores the durability of free competition imagery by tracing its influences on public policy. Looking at congressional debates and hearings, administrative agency activities, court opinions, arguments of counsel, and economic, legal, and political scholarship, he finds that free competition has actually evoked two different visions--freedom not only from oppressive government, but also from private economic power. He shows how the discourse of free competition has mediated between commitments to individual liberty and rough equality--themselves unstable over time. This rhetorical approach allows us to understand, for example, that the Reagan and Carter programs of deregulation, both inspired by the rhetoric of free competition, were driven by fundamentally different visions of political economy. Peritz's historical inquiry into competition policy as a series of government directives, inspired by two complex yet distinct and sometimes contradictory visions of free competition, provides an indispensable framework for understanding modern political economy-- whether political campaign finance reform, corporate takeover regulation, or current attitudes toward the New Deal Legacy. Competition Policy in America will be of great interest to lawyers, historians, economists, sociologists, and policy makers in both government and business.

The Antitrust Paradox

The Antitrust Paradox PDF Author: Robert Bork
Publisher:
ISBN: 9781736089712
Category :
Languages : en
Pages : 536

Book Description
The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.

Market for Liberty

Market for Liberty PDF Author: Linda Tannehill
Publisher: Ludwig von Mises Institute
ISBN: 1610163958
Category : Free enterprise
Languages : en
Pages : 177

Book Description


Design for Liberty

Design for Liberty PDF Author: Richard A. Epstein
Publisher: Harvard University Press
ISBN: 0674063058
Category : Law
Languages : en
Pages : 247

Book Description
Following a vast expansion in the twentieth century, government is beginning to creak at the joints under its enormous weight. The signs are clear: a bloated civil service, low approval ratings for Congress and the President, increasing federal-state conflict, rampant distrust of politicians and government officials, record state deficits, and major unrest among public employees. In this compact, clearly written book, the noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state allows too much discretion on the part of regulators, which results in arbitrary, unfair decisions, rent-seeking, and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights—an overarching structure that allows private property to keep its form regardless of changes in population, tastes, technology, and wealth. This structure also makes possible a restrained public administration to implement limited objectives. Government continues to play a key role as night-watchman, but with the added flexibility in revenues and expenditures to attend to national defense and infrastructure formation. Although no legal system can eliminate the need for discretion in the management of both private and public affairs, predictable laws can cabin the zone of discretion and permit arbitrary decisions to be challenged. Joining a set of strong property rights with sound but limited public administration could strengthen the rule of law, with its virtues of neutrality, generality, clarity, consistency, and forward-lookingness, and reverse the contempt and cynicism that have overcome us.

Creation Without Restraint

Creation Without Restraint PDF Author: Christina Bohannan
Publisher: Oxford University Press
ISBN: 0199738831
Category : Law
Languages : en
Pages : 435

Book Description
This title analyzes the current state of competition (antitrust) and intellectual property laws, and proposes realistic reforms that will encourage innovation.

The Normative Foundations of European Competition Law

The Normative Foundations of European Competition Law PDF Author: Oles Andriychuk
Publisher: Edward Elgar Publishing
ISBN: 1786436078
Category : Law
Languages : en
Pages : 441

Book Description
Does competitive process constitute an autonomous societal value or is it a means for achieving more meritorious goals: welfare, growth, integration, and innovation? The hypothesis of The Normative Foundations of European Competition Law is that the former is the case. This insightful book analyses the phenomenon of competition from philosophical, legal and economic perspectives demonstrating exactly why competitive process should not be viewed only as an instrument. It consolidates various normative theories of freedom, market and competition, and explains how exactly they can be operationalized effectively in the matrix of the EU competition policy.