The Progressive Assault on Laissez Faire: Robert Hale and the First Law and Economics MovementLaw and economics is the leading intellectual movement in law today. This book examines the first great law and economics movement in the early part of the twentieth century through the work of one of its most original thinkers, Robert Hale. Beginning in the 1890s and continuing through the 1930s, progressive academics in law and economics mounted parallel assaults on free-market economic principles. They showed first that "private," unregulated economic relations were in fact determined by a state-imposed regime of property and contract rights. Second, they showed that the particular regime of rights that existed at that time was hard to square with any common-sense notions of social justice. |
From inside the book
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... distribution . " " His particular critique of the distribu- tive justice of the market drew on a long tradition of leftist thought , originat- ing with the early socialists , cast within the classical economic tradition . That tradition ...
... distribution of income , " by which he and other progressives meant principally its redistribution from rich to poor.19 Like many of his progressive colleagues , that concern grew partly out of utilitarian commit- ments and partly out ...
... distribution of wealth.20 His notion of " proper " was , above all else , to create a decent standard of living for ... distributed in the market , had obvious cognates in socialist theory . More- over , the rhetoric of positive freedom ...
... distribution of wealth , they argued , lay in the state's appropriating these rents through price controls and taxation , and then using the proceeds to benefit consumers and finance the general welfare state . Although rent theory ...
... distribution of coer- cive power . Whether that change might actually increase net freedom in society was an empirical question , and one that could not be answered by recourse to abstractions like “ freedom of contract . ” Hale's ...
Contents
1 | |
2 The Empty Idea of Liberty | 29 |
3 The Empty Idea of Property Rights | 71 |
4 A RentTheory World | 108 |
Rate Regulation of Public Utilities | 160 |
6 Conclusion | 205 |
Notes | 217 |
Index | 333 |
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The Progressive Assault on Laissez Faire: Robert Hale and the First Law and ... Barbara H. Fried No preview available - 2001 |