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. |
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... force in legal academia , has developed largely unaware of the work of the institutional economists who made up the first great law and economics movement from the 1880s to the 1930s . Although preoccupied with a somewhat different set ...
... force in the economy . It is this strain of institutionalism to which Hale's work obviously belongs . 46 1148 Hale's ties to the Legal Realists were more direct . He was originally brought to Columbia Law School at the prompting of two ...
... force , on which the government generally had a legal monopoly . In fact , Hale argued ( taking a cue from Holmes ) , coercion rarely took the form of direct compul- sion that deprived individuals of all choice . Rather , it took the ...
... forces . . . constitut [ e ] just as much a legitimate field for the exercise of human ingenuity as do the various material substances and physical forces . ' ' 78 William James's and Oliver Wendell Holmes's different versions of pragma ...
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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 |