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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... given kind ? ' The other is , ' How ought they to decide cases of a given kind ? ' ' '59 If one expands Cohen's notion of law beyond judicial decision - making to include all forms of lawmaking , his formulation accurately captures the ...
... given the foregoing , one could not ( as the Supreme Court purported to do ) condemn state interference with private choices merely on the ground that it was factually coercive . At a minimum , a sensible policy required some normative ...
... given , it was free to take away . It also provided the lever to expand the so - called " state action " doc- trine in constitutional law , in order to bring private discriminatory behavior within the ambit of the Fourteenth Amendment ...
... given the Marshallian bipolar model of the economy ; however , they focused instead on the pole of so - called perfect competition . As noted earlier , marginalist theory predicted that in competitive markets , the market - clearing ...
... given that capital holds a monopoly on the means of production and given a chronic oversupply of labor , capital can ensure that under the typical wage contract , it extracts all the surplus value of labor . Under Marx's inexorable law ...
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 |