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Author: Poul F. Kjaer Publisher: Cambridge University Press ISBN: 1108493114 Category : Law Languages : en Pages : 423
Book Description
"Political economy themes have - directly and indirectly - been a central concern of law and legal scholarship ever since political economy emerged as a concept in the early seventeenth century, a development which was re-inforced by the emergence of political economy as an independent area of scholarly enquiry in the eighteenth century, as developed by the French physiocrats. This is not surprising in so far as the core institutions of the economy and economic exchanges, such as property and contract, are legal institutions.In spite of this intrinsic link, political economy discourses and legal discourses dealing with political economy themes unfold in a largely separate manner. Indeed, this book is also a reflection of this, in so far as its core concern is how the law and legal scholarship conceive of and approach political economy issues"--
Author: Poul F. Kjaer Publisher: Cambridge University Press ISBN: 1108493114 Category : Law Languages : en Pages : 423
Book Description
"Political economy themes have - directly and indirectly - been a central concern of law and legal scholarship ever since political economy emerged as a concept in the early seventeenth century, a development which was re-inforced by the emergence of political economy as an independent area of scholarly enquiry in the eighteenth century, as developed by the French physiocrats. This is not surprising in so far as the core institutions of the economy and economic exchanges, such as property and contract, are legal institutions.In spite of this intrinsic link, political economy discourses and legal discourses dealing with political economy themes unfold in a largely separate manner. Indeed, this book is also a reflection of this, in so far as its core concern is how the law and legal scholarship conceive of and approach political economy issues"--
Author: Lucila de Almeida Publisher: Bloomsbury Publishing ISBN: 1509932593 Category : Law Languages : en Pages : 589
Book Description
This book is written in honour of Hans-W. Micklitz for his jubilee 70th birthday and the closure of his twelve-year term as the Chair for Economic Law at the European University Institute (EUI). Hans-W. Micklitz has gained international recognition for dedicating his extensive and fruitful career to diverse areas of law: European Economic Law, European Private Law, National and European Consumer Law, Legal Theory, theories of Private Law and Social Justice. This book is a product of the collaborative endeavors of its contributors, who all have a special connection with Hans W. Micklitz as his doctoral supervisees or research assistants. The collection of twenty chapters is to be read as the influence of Hans's dialogues in the early stage of the academic career of thirty-one young legal scholars. The volume is divided into three sections devoted to subjects that have received Hans's attention while at the EUI: EU Consumer Law (part I); European Private Law and Access Justice (part II); the CJEU between the individual citizen and the Member States (part III).
Author: Lucila de Almeida Publisher: ISBN: 9781509932610 Category : Civil law Languages : en Pages : 0
Book Description
PART III THE CJEU BETWEEN THE INDIVIDUAL CITIZEN AND THE MEMBER STATES 16. Contestation and Accommodation: Constitutional and Private Law Pluralism(s) in the EU -- BoêA¡ko Tripkovic and Jan Zglinski 17. The Psychology of Judicial Co-operation: The Preliminary Reference Procedure as a Therapeutic Relationship -- Barend van Leeuwen 18. Law and Politics after Wightman: Taking Stock of Neo-Formalism in the EU -- Marija Bartl and Keiva Carr 19. Transforming the European 'Legal Field' by Strategic Litigation: A Research Agenda -- BetèaAơl Kas 20. Defectiveness and Causation in Vaccine Liability Cases: The Jurisprudence of the Supreme Court of the United States and the Court of Justice of the European Union -- Marco Rizzi and Lécia Vicente 21. The Usage of Solidarity in the Jurisdiction of the CJEU -- Annett Wunder.
Author: Morton J. HORWITZ Publisher: Harvard University Press ISBN: 0674038789 Category : Law Languages : en Pages : 378
Book Description
In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.
Author: Nathan Rosenberg Publisher: ISBN: 0786723483 Category : Business & Economics Languages : en Pages : 370
Book Description
How did the West--Europe, Canada, and the United States--escape from immemorial poverty into sustained economic growth and material well-being when other societies remained trapped in an endless cycle of birth, hunger, hardship, and death? In this elegant synthesis of economic history, two scholars argue that it is the political pluralism and the flexibility of the West's institutions--not corporate organization and mass production technology--that explain its unparalleled wealth.
Author: Caroline Humphrey Publisher: Routledge ISBN: 1000180603 Category : Social Science Languages : en Pages : 270
Book Description
How has it come about that indigenous cultures, body parts, and sequences of musical notes are considered property? How has the movement from collective to privatized systems affected notions of property? At what point in transaction chains do native cultures, indigenous medicines, or cyberdata become objects and therefore propertized, and what are the social, economic, and ethical considerations for such transformations? Addressing these hotly contested issues and many more, Property in Question interrogates the very concept of property and what is happening to it in the contemporary world, in case studies ranging from Romania to Kazakhstan, Africa to North America. The book examines not only the changing character of the property concept, but also its ideological foundations and political usages. Authors address bio-transactions, music copyright, cyberspace, oil prospecting, debates over privatization of land and factories, and dilemmas arising with new forms of ownership of businesses. Offering a fresh perspective on contemporary economic transformation, this volume is a long overdue investigation of the power of the private property concept, as well as an exploration of how the global economy may be subtly, even invisibly, changing what property means and how we relate to it.
Author: Josef Hien Publisher: Bloomsbury Publishing ISBN: 1509919058 Category : Law Languages : en Pages : 568
Book Description
Ordoliberalism is a theoretical and cultural tradition of significant societal and political impact in post-war Germany. For a long time the theory was only known outside Germany by a handful of experts, but ordoliberalism has now moved centre stage after the advent of the financial crisis, and has become widely perceived as the ideational source of Germany's crisis politics. In this collection, the contributors engage in a multi-faceted exploration of the conceptual history of ordoliberalism, the premises of its founding fathers in law and economics, its religious underpinnings, the debates over its theoretical assumptions and political commitments, and its formative vision of societal ordering based upon a synthesis of economic theories and legal concepts. The renewal of that vision through the ordoliberal conceptualisation of the European integration project, the challenges of the current European crisis, and the divergent perceptions of ordoliberalism within Germany and by its northern and southern EU neighbours, are a common concern of all these endeavours. They unfold interdisciplinary affinities and misunderstandings, cultural predispositions and prejudices, and political preferences and cleavages. By examining European traditions through the lens of ordoliberalism, the book illustrates the diversity of European economic cultures, and the difficulty of transnational political exchanges, in a time of European crisis.
Author: Jagdish Bhagwati Publisher: Oxford University Press, USA ISBN: 0199915202 Category : Business & Economics Languages : en Pages : 309
Book Description
Reforms and Economic Transformation in India is the second volume in the series Studies in Indian Economic Policies. In this book, nine original essays pursue three interrelated themes: Why the movement of workers out of agriculture, into industry and services, and from informal to formal employments has been slow, explaining the impact the reforms have had on profitability and competition among enterprises,and analyzing the impact on the socially disadvantaged in terms of wage and education outcomes and entrepreneurship.
Author: Hans-W Micklitz Publisher: Bloomsbury Publishing ISBN: 1849468923 Category : Law Languages : en Pages : 494
Book Description
This insightful book considers the phenomenon of the transformation of enforcement in European economic law while adopting a distinct global perspective. The editors identify and respond to the need for reflection on transformation processes in the area of enforcement by bringing together the leading international and European scholars in a variety of disciplines to share and compare experiences and learning in different areas of law. Rooted in a wide and regulatory understanding of enforcement, this book showcases the transformation of enforcement with reference to both European economic law (especially transnational commercial law, competition law, intellectual property law, consumer law) and to the current context of significant global economic challenges. Comparative perspectives facilitate the formation of a holistic perspective on enforcement that reaches beyond distinct theoretical accounts, political agendas, regulatory systems, institutional patterns, particular remedies, industry sectors, and stakeholder perspectives. As the first comprehensive and comparative analysis of the enforcement of European economic law that reaches beyond closely confined areas of law, it constitutes a crucial contribution to the theoretical and policy questions of how to design a coherent European enforcement architecture in accordance with essential principles and objectives of the EU economic order This unique study will have broad appeal. By exploring enforcement transformations from a legal and a cross-disciplinary perspective, it will be essential reading for scholars, practitioners and policymakers from different disciplines.
Author: Tirthankar Roy Publisher: University of Chicago Press ISBN: 022679914X Category : Business & Economics Languages : en Pages : 309
Book Description
An essential history of India's economic growth since 1947, including the legal reforms that have shaped the country in the shadow of colonial rule. Economists have long lamented how the inefficiency of India's legal system undermines the country’s economic capacity. How has this come to be? The prevailing explanation is that the postcolonial legal system is understaffed and under-resourced, making adjudication and contract enforcement slow and costly. Taking this as given, Law and the Economy in a Young Democracy examines the contents and historical antecedents of these laws, including how they have stifled economic development. Economists Roy and Swamy argue that legal evolution in independent India has been shaped by three factors: the desire to reduce inequality and poverty; the suspicion that market activity, both domestic and international, can be detrimental to these goals; and the strengthening of Indian democracy over time, giving voice to a growing fraction of society, including the poor. Weaving the story of India's heralded economic transformation with its social and political history, Roy and Swamy show how inadequate legal infrastructure has been a key impediment to the country's economic growth during the last century. A stirring and authoritative history of a nation rife with contradictions, Law and the Economy in a Young Democracy is essential reading for anyone seeking to understand India's current crossroads—and the factors that may keep its dreams unrealized.
Author: Poul F. Kjaer
Author: Poul F. Kjaer
Author: Lucila de Almeida
Author: Lucila de Almeida
Author: Morton J. HORWITZ
Author: Nathan Rosenberg
Author: Caroline Humphrey
Author: Josef Hien
Author: Jagdish Bhagwati
Author: Hans-W Micklitz
Author: Tirthankar Roy