Efficiency Instead of Justice? PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Efficiency Instead of Justice? PDF full book. Access full book title Efficiency Instead of Justice? by Klaus Mathis. Download full books in PDF and EPUB format.
Author: Klaus Mathis
Publisher: Springer Science & Business Media
ISBN: 1402097980
Category : Law
Languages : en
Pages : 222
Get Book Here
Book Description
Economic analysis of law is an interesting and challenging attempt to employ the concepts and reasoning methods of modern economic theory so as to gain a deeper understanding of legal problems. According to Richard A. Posner it is the role of the law to encourage market competition and, where the market fails because transaction costs are too high, to simulate the result of competitive markets. This would maximize economic efficiency and social wealth. In this work, the lawyer and economist Klaus Mathis critically appraises Posner’s normative justification of the efficiency paradigm from the perspective of the philosophy of law. Posner acknowledges the influences of Adam Smith and Jeremy Bentham, whom he views as the founders of normative economics. He subscribes to Smith’s faith in the market as an ideal allocation model, and to Bentham’s ethical consequentialism. Finally, aligning himself with John Rawls’s contract theory, he seeks to legitimize his concept of wealth maximization with a consensus theory approach. In his interdisciplinary study, the author points out the possibilities as well as the limits of economic analysis of law. It provides a method of analysing the law which, while very helpful, is also rather specific. The efficiency arguments therefore need to be incorporated into a process for resolving value conflicts. In a democracy this must take place within the political decision-making process. In this clearly written work, Klaus Mathis succeeds in making even non-economists more aware of the economic aspects of the law.
Author: Klaus Mathis
Publisher: Springer Science & Business Media
ISBN: 1402097980
Category : Law
Languages : en
Pages : 222
Get Book Here
Book Description
Economic analysis of law is an interesting and challenging attempt to employ the concepts and reasoning methods of modern economic theory so as to gain a deeper understanding of legal problems. According to Richard A. Posner it is the role of the law to encourage market competition and, where the market fails because transaction costs are too high, to simulate the result of competitive markets. This would maximize economic efficiency and social wealth. In this work, the lawyer and economist Klaus Mathis critically appraises Posner’s normative justification of the efficiency paradigm from the perspective of the philosophy of law. Posner acknowledges the influences of Adam Smith and Jeremy Bentham, whom he views as the founders of normative economics. He subscribes to Smith’s faith in the market as an ideal allocation model, and to Bentham’s ethical consequentialism. Finally, aligning himself with John Rawls’s contract theory, he seeks to legitimize his concept of wealth maximization with a consensus theory approach. In his interdisciplinary study, the author points out the possibilities as well as the limits of economic analysis of law. It provides a method of analysing the law which, while very helpful, is also rather specific. The efficiency arguments therefore need to be incorporated into a process for resolving value conflicts. In a democracy this must take place within the political decision-making process. In this clearly written work, Klaus Mathis succeeds in making even non-economists more aware of the economic aspects of the law.
Author: Daniel P. Mears
Publisher: Cambridge University Press
ISBN: 110716169X
Category : Law
Languages : en
Pages : 325
Get Book Here
Book Description
This book shows how to reduce out-of-control criminal justice and create greater public safety, justice, and accountability at less cost.
Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674235267
Category : Law
Languages : en
Pages : 436
Get Book Here
Book Description
Posner uses economic analysis to probe justice and efficiency, primitive law, privacy, and the constitutional regulation of racial discrimination.
Author: Arthur M. Okun
Publisher: Brookings Institution Press
ISBN: 0815726546
Category : Business & Economics
Languages : en
Pages : 171
Get Book Here
Book Description
Originally published in 1975, Equality and Efficiency: The Big Tradeoff is a very personal work from one of the most important macroeconomists of the last hundred years. And this new edition includes "Further Thoughts on Equality and Efficiency," a paper published by the author two years later. In classrooms Arthur M. Okun may be best remembered for Okun's Law, but his lasting legacy is the respect and admiration he earned from economists, practitioners, and policymakers. Equality and Efficiency is the perfect embodiment of that legacy, valued both by professional economists and those readers with a keen interest in social policy. To his fellow economists, Okun presents messages, in the form of additional comments and select citations, in his footnotes. To all readers, Okun presents an engaging dual theme: the market needs a place, and the market needs to be kept in its place. As Okun puts it: Institutions in a capitalist democracy prod us to get ahead of our neighbors economically after telling us to stay in line socially. This double standard professes and pursues an egalitarian political and social system while simultaneously generating gaping disparities in economic well-being. Today, Okun's dual theme feels incredibly prescient as we grapple with the hot-button topic of income inequality. In his foreword, Lawrence H. Summers declares: On what one might think of as questions of "economic philosophy," I doubt that Okun has been improved on in the subsequent interval. His discussion of how societies rely on rights as well as markets should be required reading for all young economists who are enamored with market solutions to all problems. With a new foreword by Lawrence H. Summers
Author: Anna Olijnyk
Publisher: Bloomsbury Publishing
ISBN: 1509910905
Category : Law
Languages : en
Pages : 390
Get Book Here
Book Description
Justice and Efficiency in Mega-Litigation explores the phenomenon of extremely long-running, resource-intensive civil litigation known as 'mega-litigation'. Such litigation challenges the courts to reconcile the objectives of justice and efficiency – for the parties to the case and for the community. Drawing on interviews with judges of the courts of England and Wales, and of Australia, this book shows how judges have responded to these challenges. It situates mega-litigation within broader developments in civil procedure and case management, as well as theoretical debates about the role of courts and the purpose of civil procedure. The book highlights the importance of intensive, creative and flexible case management; focus on the issues in dispute; and, ultimately, each judge's expert intuition.
Author: G. A. Cohen
Publisher: Harvard University Press
ISBN: 0674029658
Category : Philosophy
Languages : en
Pages : 449
Get Book Here
Book Description
In this stimulating work of political philosophy, acclaimed philosopher G. A. Cohen sets out to rescue the egalitarian thesis that in a society in which distributive justice prevails, people’s material prospects are roughly equal. Arguing against the Rawlsian version of a just society, Cohen demonstrates that distributive justice does not tolerate deep inequality. In the course of providing a deep and sophisticated critique of Rawls’s theory of justice, Cohen demonstrates that questions of distributive justice arise not only for the state but also for people in their daily lives. The right rules for the macro scale of public institutions and policies also apply, with suitable adjustments, to the micro level of individual decision-making. Cohen also charges Rawls’s constructivism with systematically conflating the concept of justice with other concepts. Within the Rawlsian architectonic, justice is not distinguished either from other values or from optimal rules of social regulation. The elimination of those conflations brings justice closer to equality.
Author: Anna Olijnyk
Publisher: Bloomsbury Publishing
ISBN: 1509910913
Category : Law
Languages : en
Pages : 239
Get Book Here
Book Description
Justice and Efficiency in Mega-Litigation explores the phenomenon of extremely long-running, resource-intensive civil litigation known as 'mega-litigation'. Such litigation challenges the courts to reconcile the objectives of justice and efficiency – for the parties to the case and for the community. Drawing on interviews with judges of the courts of England and Wales, and of Australia, this book shows how judges have responded to these challenges. It situates mega-litigation within broader developments in civil procedure and case management, as well as theoretical debates about the role of courts and the purpose of civil procedure. The book highlights the importance of intensive, creative and flexible case management; focus on the issues in dispute; and, ultimately, each judge's expert intuition.
Author: Daniel P. Mears
Publisher: Cambridge University Press
ISBN: 0521762464
Category : Social Science
Languages : en
Pages : 337
Get Book Here
Book Description
Examines the most prominent criminal justice policies, finding that they fall short of achieving the effectiveness that policymakers have advocated.
Author: Shahla F. Ali
Publisher: Edward Elgar Publishing
ISBN: 1786435861
Category : Law
Languages : en
Pages : 237
Get Book Here
Book Description
As judiciaries advance, exploring how court mediation programs can provide opportunities for party-directed reconciliation whilst ensuring access to formal legal channels requires careful investigation. Court Mediation Reform explores comparative empirical findings in order to examine the association between court mediation structure and perceptions of justice, efficiency and confidence in courts.
Author: Tricia D. Olsen
Publisher: United States Institute of Peace Press
ISBN: 9781601270535
Category : Philosophy
Languages : en
Pages : 0
Get Book Here
Book Description
In the first project of its kind to compare multiple mechanisms and combinations of mechanisms across regions, countries, and time, Transitional Justice in Balance: Comparing Processes, Weighing Efficacy systematically analyzes the claims made in the literature using a vast array of data, which the authors have assembled in the Transitional Justice Data Base.
