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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... least swimming against the tide of recent historiography of the period . Recent accounts have tended to stress the conservative undercurrents in progressive politics ; the progressive strains in the work of key conservative legal ...
... least in its broad outlines ) typical progressive fare . He was , as he put it , centrally concerned with " the proper distribution of income , " by which he and other progressives meant principally its redistribution from rich to poor ...
... least formally , in nonclass terms . In other areas , Hale stood on the more radical fringe of progressive politics . A reserved , intensely private man , Hale was a strong , behind - the - scenes activist in a number of politically ...
... least as those words were conventionally employed in legal discourse to limit the permissible scope of legislative action : " private " versus " public " realms of action , “ coercion ” versus “ freedom , ” and “ fair value . ” Although ...
... least at times embraced their own version of a conservative historicism , he never believed that the answer to Felix Cohen's first question — what the law “ is ” —held the key to the second — what the law ought to be . Hale's real ...
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 |