Markets, Morals and the Law

Front Cover
CUP Archive, Jul 29, 1988 - Law - 393 pages
This collection of essays by one of America's leading legal theorists is unique in its scope: It shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics and political science. There are four sections in the book. The first offers a new version of legal positivism and an original theory of legal rights. The second section critically evaluates the economic approach to law, and the third considers the relationship of justice to liability for unintentional harms and to the practice of settling disputes rather than fully litigating them. Finally, Coleman explores formal social choice in democratic theory, the relationship between market behaviour and voting, and the view that morality itself, like law, is a solution of the problem of market failure. This book will be of cardinal importance to philosophers of law, legal theorists, political scientists and economists.
 

Contents

Rethinking the theory of legal rights
28
Efficiency auction and exchange
67
Efficiency utility and wealth maximization
95
The foundations of constitutional economics
133
Crimes kickers and transaction structures
153
The morality of strict tort liability
166
Corrective justice and wrongful gain
184
Justice in settlements
202
Market contractarianism
243
Unanimity
277
Democracy and social choice
290
Morality and the theory of rational choice
311
Notes
343
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