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Freedom Of Contract And Paternalism
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Book Synopsis Freedom of Contract and Paternalism by : P. Cserne
Download or read book Freedom of Contract and Paternalism written by P. Cserne and published by Springer. This book was released on 2012-12-23 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theoretical discussion and internal critique of mainstream law and economics scholarship, especially as it approaches the issue of paternalism. Cserne discusses how, and to what extent, economic analysis can explain and/or justify the limitations on freedom of contract, with special emphasis on paternalism.
Book Synopsis Freedom of Contract and Paternalism by : P. Cserne
Download or read book Freedom of Contract and Paternalism written by P. Cserne and published by Palgrave Macmillan. This book was released on 2012-12-05 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theoretical discussion and internal critique of mainstream law and economics scholarship, especially as it approaches the issue of paternalism. Cserne discusses how, and to what extent, economic analysis can explain and/or justify the limitations on freedom of contract, with special emphasis on paternalism.
Book Synopsis Freedom of Choice and Paternalism in Contract Law by : Péter Cserne
Download or read book Freedom of Choice and Paternalism in Contract Law written by Péter Cserne and published by . This book was released on 2008 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Limits of Freedom of Contract by : Michael J. Trebilcock
Download or read book The Limits of Freedom of Contract written by Michael J. Trebilcock and published by Harvard University Press. This book was released on 1997-03-25 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge. For example, should people be permitted to buy and sell blood, bodily organs, surrogate babies, or sexual favors? Is it fair to allow people with limited knowledge about a transaction and its consequences to enter into it without guidance from experts?
Book Synopsis The Routledge Handbook of the Philosophy of Paternalism by : Kalle Grill
Download or read book The Routledge Handbook of the Philosophy of Paternalism written by Kalle Grill and published by Routledge. This book was released on 2018-01-17 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: While paternalism has been a long-standing philosophical issue, it has recently received renewed attention among scholars and the general public. The Routledge Handbook of the Philosophy of Paternalism is an outstanding reference source to the key topics, problems and debates in this exciting subject and is the first collection of its kind. Comprising twenty-seven chapters by a team of international contributors the handbook is divided into five parts: • What is Paternalism? • Paternalism and Ethical Theory • Paternalism and Political Philosophy • Paternalism without Coercion • Paternalism in Practice Within these sections central debates, issues and questions are examined, including: how should paternalism be defined or characterized? How is paternalism related to such moral notions as rights, well-being, and autonomy? When is paternalism morally objectionable? What are the legitimate limits of government benevolence? To what extent should medical practice be paternalistic? The Routledge Handbook of the Philosophy of Paternalism is essential reading for students and researchers in applied ethics and political philosophy. The handbook will also be very useful for those in related fields, such as law, medicine, sociology and political science.
Book Synopsis The Oxford Handbook of Food Ethics by : Anne Barnhill
Download or read book The Oxford Handbook of Food Ethics written by Anne Barnhill and published by Oxford University Press. This book was released on 2018-01-08 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: Academic food ethics incorporates work from philosophy but also anthropology, economics, the environmental sciences and other natural sciences, geography, law, and sociology. Scholars from these fields have been producing work for decades on the food system, and on ethical, social, and policy issues connected to the food system. Yet in the last several years, there has been a notable increase in philosophical work on these issues-work that draws on multiple literatures within practical ethics, normative ethics and political philosophy. This handbook provides a sample of that philosophical work across multiple areas of food ethics: conventional agriculture and alternatives to it; animals; consumption; food justice; food politics; food workers; and, food and identity.
Book Synopsis Behavioral Law and Economics by : Eyal Zamir
Download or read book Behavioral Law and Economics written by Eyal Zamir and published by Oxford University Press. This book was released on 2018 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality. While the findings on bounded rationality and heuristics and biases were initially perceived as antithetical to standard economic and legal-economic analysis, over time they have been largely integrated into mainstream economic analysis, including economic analysis of law. Moreover, the impact of behavioral insights has long since transcended purely economic analysis of law: in recent years, the behavioral movement has become one of the most influential developments in legal scholarship in general. Behavioral Law and Economics offers a state-of-the-art overview of the field. Eyal Zamir and Doron Teichman survey the entire body of psychological research that lies at the basis of behavioral analysis of law, and critically evaluate the core methodological questions of this area of research. Following this, the book discusses the fundamental normative questions stemming from the psychological findings on bounded rationality, and explores their implications for setting the law's goals and designing the means to attain them. The book then provides a systematic and critical examination of the contributions of behavioral studies to all major fields of law including: property, contracts, consumer protection, torts, corporate, securities regulation, antitrust, administrative, constitutional, international, criminal, and evidence law, as well as to the behavior of key players in the legal arena: litigants and judicial decision-makers.
Book Synopsis The Rise and Fall of Freedom of Contract by : P. S. Atiyah
Download or read book The Rise and Fall of Freedom of Contract written by P. S. Atiyah and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The impact of freedom of contract in the 19th century extended far beyond the legal arena as an economic slogan and an ethical attitude. Atiyah traces the development and subsequent decline of the freedom of contract, depicting its effects on the law's development and the foundation of contractual obligations, as well as its broader implications for 19th century English life.
Book Synopsis The Oxford Handbook of Freedom by : David Schmidtz
Download or read book The Oxford Handbook of Freedom written by David Schmidtz and published by Oxford University Press. This book was released on 2018-02-01 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: We speak of being 'free' to speak our minds, free to go to college, free to move about; we can be cancer-free, debt-free, worry-free, or free from doubt. The concept of freedom (and relatedly the notion of liberty) is ubiquitous but not everyone agrees what the term means, and the philosophical analysis of freedom that has grown over the last two decades has revealed it to be a complex notion whose meaning is dependent on the context. The Oxford Handbook of Freedom will crystallize this work and craft the first wide-ranging analysis of freedom in all its dimensions: legal, cultural, religious, economic, political, and psychological. This volume includes 28 new essays by well regarded philosophers, as well some historians and political theorists, in order to reflect the breadth of the topic. This handbook covers both current scholarship as well as historical trends, with an overall eye to how current ideas on freedom developed. The volume is divided into six sections: conceptual frames (framing the overall debates about freedom), historical frames (freedom in key historical periods, from the ancients onward), institutional frames (freedom and the law), cultural frames (mutual expectations on our 'right' to be free), economic frames (freedom and the market), and lastly psychological frames (free will in philosophy and psychology).
Book Synopsis Liberalism and Prostitution by : Peter de Marneffe
Download or read book Liberalism and Prostitution written by Peter de Marneffe and published by Oxford University Press. This book was released on 2012-04-01 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civil libertarians characterize prostitution as a "victimless crime," and argue that it ought to be legalized. Feminist critics counter that prostitution is not victimless, since it harms the people who do it. Civil libertarians respond that most women freely choose to do this work, and that it is paternalistic for the government to limit a person's liberty for her own good. In this book Peter de Marneffe argues that although most prostitution is voluntary, paternalistic prostitution laws in some form are nonetheless morally justifiable. If prostitution is commonly harmful in the way that feminist critics maintain, then this argument for prostitution laws is not objectionably moralistic and some prostitution laws violate no one's rights. Paternalistic prostitution laws in some form are therefore consistent with the fundamental principles of contemporary liberalism.
Book Synopsis The Tyranny of Utility by : Gilles Saint-Paul
Download or read book The Tyranny of Utility written by Gilles Saint-Paul and published by Princeton University Press. This book was released on 2011-07-25 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political organization and the conception of man -- The challenge to the unitary individual in Western thought -- Economics: the last bastion of rationality -- Economics goes behavioral -- From utility to happiness -- Post-utilitarianism : searching for a collective soul in the behavioral era -- The policy prescriptions of behavioral economics -- The modern paternalistic state -- Responsibility transfer -- The role of science -- Markets in a paternalistic world -- Where to go?
Book Synopsis The Choice Theory of Contracts by : Hanoch Dagan
Download or read book The Choice Theory of Contracts written by Hanoch Dagan and published by Cambridge University Press. This book was released on 2017-04-17 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.
Book Synopsis The Law of Contract 1670–1870 by : Warren Swain
Download or read book The Law of Contract 1670–1870 written by Warren Swain and published by Cambridge University Press. This book was released on 2015-02-12 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: The foundations for modern contract law were laid between 1670 and 1870. Rather than advancing a purely chronological account, this examination of the development of contract law doctrine in England during that time explores key themes in order to better understand the drivers of legal change. These themes include the relationship between lawyers and merchants, the role of equity, the place of statute, and the part played by legal literature. Developments are considered in the context of the legal system of the time and through those who were involved in litigation as lawyers, judges, jurors or litigants. It concludes that the way in which contract law developed was complex. Legal change was often uneven and slow, and some of the apparent changes had deep roots in the past. Clashes between conservative and more reformist tendencies were not uncommon.
Download or read book Consentability written by Nancy S. Kim and published by Cambridge University Press. This book was released on 2019-02-14 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proposes a reconceptualization of consent which argues that consent should be viewed as a dynamic concept that is context-dependent, incremental, and variable.
Download or read book Against Autonomy written by Sarah Conly and published by Cambridge University Press. This book was released on 2013 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that laws that enforce what is good for the individual's well-being, or hinder what is bad, are morally justified.
Book Synopsis Contract Law Minimalism by : Jonathan Morgan
Download or read book Contract Law Minimalism written by Jonathan Morgan and published by Cambridge University Press. This book was released on 2013-11-07 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.
Book Synopsis Mill and Paternalism by : Gregory Claeys
Download or read book Mill and Paternalism written by Gregory Claeys and published by Cambridge University Press. This book was released on 2013-05-09 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many discussions of J. S. Mill's concept of liberty focus too narrowly on On Liberty and fail to acknowledge that his treatment of related issues elsewhere may modify its leading doctrines. Mill and Paternalism demonstrates how a contextual reading suggests that in Principles of Political Economy, and also his writings on Ireland, India and on domestic issues like land reform, Mill proposed a substantially more interventionist account of the state than On Liberty seems to imply. This helps to explain Mill's sympathies for socialism after 1848, as well as his Malthusianism and feminism, which, in conjunction with Harriet Taylor's views, are central to his later discussions of the family and marriage. Feminism, indeed, is shown to provide the answer to the problem which most agitated Mill, overpopulation. Thus Gregory Claeys sheds new lights on many of Mill's overarching preoccupations, including the theory of liberty at the heart of On Liberty.
