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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... result , Clark argued , refuted dispositively not only Marxian theories of exploitation but all others as well . Initially presented in muted form , Clark's argument had developed into a full - blown apologetic for the distributive ...
... best known today for the first area , as a result of three widely cited and formative articles redescribing " free market " exchanges as a network of coercion.15 The bulk of Hale's 4 writing , however , was in the second and INTRODUCTION.
... result , many of the most interesting progressive economists and legal theorists writing in the first part of the century turned their attention at one point or another to what may seem to contemporary eyes as the rather arcane field of ...
... result of Hale's close personal ties to several of the more liberal members of the Supreme Court . Hale remained close friends with his former dean and colleague , Harlan Fiske Stone , after Stone's appointment to the Supreme Court ; in ...
... resulting contract itself as a form of intangible property presumptively enti- tled to the full - blown protections accorded other forms of property.70 Because " liberty of contract " was thus a melding of both liberty and property ...
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 |