Enterprise and American Law, 1836-1937 PDF Download
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Author: Herbert Hovenkamp
Publisher: Harvard University Press
ISBN: 9780674038837
Category : Law
Languages : en
Pages : 470
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Book Description
In this integration of law and economic ideas, Herbert Hovenkamp charts the evolution of the legal framework that regulated American business enterprise from the time of Andrew Jackson through the first New Deal. He reveals the interdependent relationship between economic theory and law that existed in these decades of headlong growth and examines how this relationship shaped both the modern business corporation and substantive due process. Classical economic theory--the cluster of ideas about free markets--became the guiding model for the structure and function of both private and public law. Hovenkamp explores the relationship of classical economic ideas to law in six broad areas related to enterprise in the nineteenth and early twentieth centuries. He traces the development of the early business corporation and maps the rise of regulated industry from the first charterbased utilities to the railroads. He argues that free market political economy provided the intellectual background for constitutional theory and helped define the limits of state and federal regulation of business behavior. The book also illustrates the unique American perspective on political economy reflected in the famous doctrine of substantive due process. Finally, Hovenkamp demonstrates the influence of economic theory on labor law and gives us a reexamination of the antitrust movement, the most explicit intersection of law and economics before the New Deal. Legal, economic, and intellectual historians and political scientists will welcome these trenchant insights on an influential period in American constitutional and corporate history.
Author: Herbert Hovenkamp
Publisher: Harvard University Press
ISBN: 9780674038837
Category : Law
Languages : en
Pages : 470
Get Book Here
Book Description
In this integration of law and economic ideas, Herbert Hovenkamp charts the evolution of the legal framework that regulated American business enterprise from the time of Andrew Jackson through the first New Deal. He reveals the interdependent relationship between economic theory and law that existed in these decades of headlong growth and examines how this relationship shaped both the modern business corporation and substantive due process. Classical economic theory--the cluster of ideas about free markets--became the guiding model for the structure and function of both private and public law. Hovenkamp explores the relationship of classical economic ideas to law in six broad areas related to enterprise in the nineteenth and early twentieth centuries. He traces the development of the early business corporation and maps the rise of regulated industry from the first charterbased utilities to the railroads. He argues that free market political economy provided the intellectual background for constitutional theory and helped define the limits of state and federal regulation of business behavior. The book also illustrates the unique American perspective on political economy reflected in the famous doctrine of substantive due process. Finally, Hovenkamp demonstrates the influence of economic theory on labor law and gives us a reexamination of the antitrust movement, the most explicit intersection of law and economics before the New Deal. Legal, economic, and intellectual historians and political scientists will welcome these trenchant insights on an influential period in American constitutional and corporate history.
Author: G. Edward White
Publisher: Oxford University Press
ISBN: 0195102479
Category : History
Languages : en
Pages : 578
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Book Description
G. Edward White, a leading legal historian, presents Law in American History, a two-volume, comprehensive narrative history of American law from the colonial period to the present. In this first volume, White explores the key turning points in roughly the first half of the American legal system, from the development of order in the colonies, to the signing of the Constitution, to the dissolution of the Union just before the Civil War. Thought-provoking and artfully written, Law in American History, Vol. 1 is an essential text for both students of law and general readers alike.
Author: David S. Landes
Publisher: Princeton University Press
ISBN: 0691143706
Category : Business & Economics
Languages : en
Pages : 585
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Book Description
This work provides a sweeping history of enterprise in Mesopotamia and Neo-Babylon; carries the reader through the Islamic Middle East; offers insights into the entrepreneurial history of China, Japan, and colonial India; and describes the crucial role of the entrepreneur in innovation activity in the Western world.
Author: Herbert Hovenkamp
Publisher: Oxford University Press, USA
ISBN: 0199331308
Category : Law
Languages : en
Pages : 473
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Book Description
Two late Victorian ideas disrupted American legal thought: the Darwinian theory of evolution and marginalist economics. The legal thought that emerged can be called 'neoclassical', because it embodied ideas that were radically new while retaining many elements of what had gone before. Although Darwinian social science was developed earlier, in most legal disciplines outside of criminal law and race theory marginalist approaches came to dominate. This book carries these themes through a variety of legal subjects in both public and private law.
Author: Ewan McGaughey
Publisher: Cambridge University Press
ISBN: 1009051059
Category : Law
Languages : en
Pages : 815
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Book Description
Major enterprises shape our lives in countless ways: big tech and 'surveillance media' that affect democratic debate, algorithms that influence online shopping, transport to work and home, energy and agriculture corporations that drive climate damage, and public services that provide our education, health, water, and housing. The twentieth century experienced swings between private and public ownership, between capitalism and socialism, without any settled, principled outcome, and without settling major questions of how enterprises should be financed, governed and the rights we have in them. This book's main question is 'are there principles of enterprise law', and, if they are missing, 'what principles of enterprise law should there be'? Principles of Enterprise Law gives a functional account of the 'general' enterprise laws of companies, investment, labour, competition and insolvency, before moving into specific enterprises, from universities to the military. It is an original guide to our economic constitution and human rights.
Author: Herbert HOVENKAMP
Publisher: Harvard University Press
ISBN: 9780674038820
Category : Law
Languages : en
Pages : 392
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Book Description
After thirty years, the debate over antitrust's ideology has quieted. Most now agree that the protection of consumer welfare should be the only goal of antitrust laws. Execution, however, is another matter. The rules of antitrust remain unfocused, insufficiently precise, and excessively complex. The problem of poorly designed rules is severe, because in the short run rules weigh much more heavily than principles. At bottom, antitrust is a defensible enterprise only if it can make the microeconomy work better, after accounting for the considerable costs of operating the system. The Antitrust Enterprise is the first authoritative and compact exposition of antitrust law since Robert Bork's classic The Antitrust Paradox was published more than thirty years ago. It confronts not only the problems of poorly designed, overly complex, and inconsistent antitrust rules but also the current disarray of antitrust's rule of reason, offering a coherent and workable set of solutions. The result is an antitrust policy that is faithful to the consumer welfare principle but that is also more readily manageable by the federal courts and other antitrust tribunals.
Author:
Publisher: Taylor & Francis
ISBN: 9780815326847
Category : Free enterprise
Languages : en
Pages : 446
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Book Description
Author: Sally E. Hadden
Publisher: John Wiley & Sons
ISBN: 1118533763
Category : Law
Languages : en
Pages : 598
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Book Description
A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas
Author: David J. Gerber
Publisher: Oxford University Press
ISBN: 0191040924
Category : Law
Languages : en
Pages : 209
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Book Description
Competition, or Antitrust, law is now a global phenomenon. It operates in more than 100 countries and the relationships among competition law systems are often complex and opaque. Competition law is also new to many countries, which creates uncertainty about how decisions will be made in these jurisdictions. This makes it critically important to understand both the similarities and differences among the systems and the relationships between them. A succinct introduction, this title breaks down the complicated and foreboding topic of competition law. Divided into four parts, this book covers the elements of competition laws, its decisions, targets, and globalization and the future of competition law. It also provides global context by looking at competition law in the US, Europe, and growing markets like Asia and Latin America. This title covers the most pressing issues of competition law in an informative and concise way. Drawing on his lifetime of global experience and research, David J. Gerber's Competition Law and Antitrust is an essential tool for anyone interested in competition or antitrust law.
Author: John Lauritz Larson
Publisher: University of Pennsylvania Press
ISBN: 0812207238
Category : History
Languages : en
Pages : 210
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Book Description
Penned by leading historians, the specially-commissioned essays of Whither the Early Republic represent the most stimulating and innovative work being done on imperialism, environmental history, slavery, economic history, politics, and culture in the early Republic. The past fifteen years have seen a dramatic expansion in the scope of scholarship on the history of the early American republic. Whither the Early Republic consists of innovative essays on all aspects of the culture and society of this period, including Indians and empire, the economy and the environment, slavery and culture, and gender and urban life. Penned by leading historians, the essays are arranged thematically to reflect areas of change and growth in the field. Throughout the book, preeminent scholars act as guides for students to their areas of expertise. Contributors include Pulitzer Prize-winner Alan Taylor, Bancroft Prize-winner James Brooks, Christopher Clark, Ted Steinberg, Walter Johnson, Patricia Cline Cohen, David Waldstreicher, and more. These essays, all originally commissioned to appear in a special issue of the Journal of the Early Republic, explore a diverse array of subjects: the struggles for control of North America; the economic culture of the early Republic; the interactions of humans with plants, climate, animals, and germs; the commodification of people; and the complex intersections of politics and culture. Whither the Early Republic offers a wealth of tools for introducing a new generation of historians to the nature of the field and also to the wide array of possibilities that lie in the future for scholars of this fascinating period.
