Law, Economics, and Morality

Law, Economics, and Morality PDF Author: Eyal Zamir
Publisher: Oxford University Press, USA
ISBN: 0195372166
Category : Business & Economics
Languages : en
Pages : 376

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Book Description
This work examines the possibility of combining economic methodology and deontological morality through explicit and direct incorporation of moral constraints into economic models.

Law, Economics, and Morality

Law, Economics, and Morality PDF Author: Eyal Zamir
Publisher: Oxford University Press, USA
ISBN: 0195372166
Category : Business & Economics
Languages : en
Pages : 376

Get Book Here

Book Description
This work examines the possibility of combining economic methodology and deontological morality through explicit and direct incorporation of moral constraints into economic models.

Law, Economics, and Morality

Law, Economics, and Morality PDF Author: Eyal Zamir
Publisher: Oxford University Press
ISBN: 0199707200
Category : Law
Languages : en
Pages : 376

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Book Description
Law, Economics, and Morality examines the possibility of combining economic methodology and deontological morality through explicit and direct incorporation of moral constraints into economic models. Economic analysis of law is a powerful analytical methodology. However, as a purely consequentialist approach, which determines the desirability of acts and rules solely by assessing the goodness of their outcomes, standard cost-benefit analysis (CBA) is normatively objectionable. Moderate deontology prioritizes such values as autonomy, basic liberties, truth-telling, and promise-keeping over the promotion of good outcomes. It holds that there are constraints on promoting the good. Such constraints may be overridden only if enough good (or bad) is at stake. While moderate deontology conforms to prevailing moral intuitions and legal doctrines, it is arguably lacking in methodological rigor and precision. Eyal Zamir and Barak Medina argue that the normative flaws of economic analysis can be rectified without relinquishing its methodological advantages and that moral constraints can be formalized so as to make their analysis more rigorous. They discuss various substantive and methodological choices involved in modeling deontological constraints. Zamir and Medina propose to determine the permissibility of any act or rule infringing a deontological constraint by means of mathematical threshold functions. Law, Economics, and Morality presents the general structure of threshold functions, analyzes their elements and addresses possible objections to this proposal. It then illustrates the implementation of constrained CBA in several legal fields, including contract law, freedom of speech, antidiscrimination law, the fight against terrorism, and legal paternalism.

Law, Economics, and Morality

Law, Economics, and Morality PDF Author: Eyal Zamir
Publisher:
ISBN:
Category :
Languages : en
Pages : 41

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Book Description
In our book, Law, Economics, and Morality (OUP, 2010), we proposed to combine economic methodology and deontological morality through explicit incorporation of moral constraints into economic models. We argued that the normative flaws of economic analysis can be rectified without relinquishing its methodological advantages and that moral constraints can be formalized so as to make their analysis more rigorous. We then illustrated the implementation of constrained CBA in several legal fields, including contract law, freedom of speech, the fight against terrorism, and legal paternalism.In this paper, we respond to critical reviews of the book written by Professors Larry Alexander, Ariel Porat, and Avihay Dorfman. Among other things, we clarify the scope and goals of the book, elucidate the relationships between deontology and consequentialism, discuss the relationships between deontological constraints and options, and address various issues in contract law and remedies.

Markets, Morals, and the Law

Markets, Morals, and the Law PDF Author: Jules L. Coleman
Publisher: Oxford University Press, USA
ISBN: 9780199253609
Category : Business & Economics
Languages : en
Pages : 418

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Book Description
This collection of essays by one of America's leading legal theorists show how traditional problems of philosophy can be understood more clearly when considered in terms of law economics and political science.

The Oxford Handbook of Ethics and Economics

The Oxford Handbook of Ethics and Economics PDF Author: Mark D. White
Publisher: Oxford University Press, USA
ISBN: 0198793995
Category : Business & Economics
Languages : en
Pages : 666

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Book Description
Economics and ethics are both valuable tools for analyzing the behavior and actions of human beings and institutions. Adam Smith, the father of modern economics, considered them two sides of the same coin, but since economics was formalized and mathematicised in the late 1800s and early 1900s, the fields have largely followed separate paths. The Oxford Handbook of Ethics and Economics provides a timely and thorough survey of the various ways ethics can, does, and should inform economic theory and practice. The first part of the book, Foundations, explores how the most prominent schools of moral philosophy relate to economics; asks how morals relevant to economic behavior may have evolved; and explains how various approaches to economics incorporate ethics into their work. The second part, Applications, looks at the ethics of commerce, finance, and markets; uncovers the moral dilemmas involved with making decisions regarding social welfare, risk, and harm to others; and explores how ethics is relevant to major topics within economics, such as health care and the environment. With esteemed contributors from economics and philosophy, The Oxford Handbook of Ethics and Economics is a resource for scholars in both disciplines and those in related fields. It highlights the close relationship between ethics and economics in the past while and lays a foundation for further integration going forward.

What Money Can't Buy

What Money Can't Buy PDF Author: Michael J. Sandel
Publisher: Farrar, Straus and Giroux
ISBN: 1429942584
Category : Philosophy
Languages : en
Pages : 256

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Book Description
Should we pay children to read books or to get good grades? Should we allow corporations to pay for the right to pollute the atmosphere? Is it ethical to pay people to test risky new drugs or to donate their organs? What about hiring mercenaries to fight our wars? Auctioning admission to elite universities? Selling citizenship to immigrants willing to pay? In What Money Can't Buy, Michael J. Sandel takes on one of the biggest ethical questions of our time: Is there something wrong with a world in which everything is for sale? If so, how can we prevent market values from reaching into spheres of life where they don't belong? What are the moral limits of markets? In recent decades, market values have crowded out nonmarket norms in almost every aspect of life—medicine, education, government, law, art, sports, even family life and personal relations. Without quite realizing it, Sandel argues, we have drifted from having a market economy to being a market society. Is this where we want to be?In his New York Times bestseller Justice, Sandel showed himself to be a master at illuminating, with clarity and verve, the hard moral questions we confront in our everyday lives. Now, in What Money Can't Buy, he provokes an essential discussion that we, in our market-driven age, need to have: What is the proper role of markets in a democratic society—and how can we protect the moral and civic goods that markets don't honor and that money can't buy?

Moral Markets

Moral Markets PDF Author: Paul J. Zak
Publisher: Princeton University Press
ISBN: 1400837367
Category : Business & Economics
Languages : en
Pages : 387

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Book Description
Like nature itself, modern economic life is driven by relentless competition and unbridled selfishness. Or is it? Drawing on converging evidence from neuroscience, social science, biology, law, and philosophy, Moral Markets makes the case that modern market exchange works only because most people, most of the time, act virtuously. Competition and greed are certainly part of economics, but Moral Markets shows how the rules of market exchange have evolved to promote moral behavior and how exchange itself may make us more virtuous. Examining the biological basis of economic morality, tracing the connections between morality and markets, and exploring the profound implications of both, Moral Markets provides a surprising and fundamentally new view of economics--one that also reconnects the field to Adam Smith's position that morality has a biological basis. Moral Markets, the result of an extensive collaboration between leading social and natural scientists, includes contributions by neuroeconomist Paul Zak; economists Robert H. Frank, Herbert Gintis, Vernon Smith (winner of the 2002 Nobel Prize in economics), and Bart Wilson; law professors Oliver Goodenough, Erin O'Hara, and Lynn Stout; philosophers William Casebeer and Robert Solomon; primatologists Sarah Brosnan and Frans de Waal; biologists Carl Bergstrom, Ben Kerr, and Peter Richerson; anthropologists Robert Boyd and Michael Lachmann; political scientists Elinor Ostrom and David Schwab; management professor Rakesh Khurana; computational science and informatics doctoral candidate Erik Kimbrough; and business writer Charles Handy.

Law, Psychology, and Morality

Law, Psychology, and Morality PDF Author: Eyal Zamir
Publisher: Oxford University Press, USA
ISBN: 0199972052
Category : Business & Economics
Languages : en
Pages : 278

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Book Description
Prospect theory posits that people do not perceive outcomes as final states of wealth or welfare, but rather as gains or losses in relation to some reference point. People are generally loss averse: the disutility generated by a loss is greater than the utility produced by a commensurate gain. Loss aversion is related to such phenomena as the status quo and omission biases, the endowment effect, and escalation of commitment. The book systematically analyzes the relationships between loss aversion and the law.

Economic Analysis, Moral Philosophy, and Public Policy

Economic Analysis, Moral Philosophy, and Public Policy PDF Author: Daniel Hausman
Publisher: Cambridge University Press
ISBN: 1107158311
Category : Business & Economics
Languages : en
Pages : 419

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Book Description
This book shows how careful attention to moral reasoning can enrich economic understanding and clarify the importance and the limits of an economic analysis of policy problems.

Economic Morality and Jewish Law

Economic Morality and Jewish Law PDF Author: Aaron Levine (1946-2011)
Publisher: Oxford University Press
ISBN: 0199974373
Category : Religion
Languages : en
Pages : 274

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Book Description
Economic Morality and Jewish Law compares the way in which welfare economics and Jewish law determine the propriety of an economic action, whether by a private citizen or the government. Espousing what philosophers would call a consequentialist ethical system, welfare economics evaluates the worthiness of an economic action based on whether the action would increase the wealth of society in the long run. In sharp contrast, Jewish law espouses a deontological system of ethics. Within this ethical system, the determination of the propriety of an action is entirely a matter of discovering the applicable rule in Judaism's code of ethics. This volume explores a variety of issues implicating morality for both individual commercial activity and economic public policy. Issues examined include price controls, the living wage, the lemons problem, short selling, and Ronald Coase's seminal theories on negative externalities. To provide an analytic framework for the study of these issues, the work first delineates the normative theories behind the concept of economic morality for welfare economics and Jewish law, and presents a case study illustrating the deontological nature of Jewish law. The book introduces what for many readers will be a new perspective on familiar economic issues. Despite the very different approaches that welfare economics and Jewish law take in evaluating the worthiness of an economic action, the author reveals a remarkable symmetry between the two systems in their ultimate prescriptions for certain economic issues.