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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... suggested , Hale's work is of enormous importance to contemporary legal scholars writing in what might loosely be termed the critical tradition , most notably the Critical Legal Studies movement . Along with law and economics , Critical ...
... suggested , Hale's closest intellectual ties were to the American Legal Realists and the institutional economists.31 Indeed , in many ways Hale's work brought to fruition their shared intellectual and political project : as Hale put it ...
... suggest she had a right to in some form . But , Hale argued , it was often impossible to deduce the precise form from ... suggested relevant dimen- sions along which private actions might be sorted by degree . In this respect , Hale's ...
... suggested at the outset , Clark's argument drew elaborate and various responses from progressives in the years from the 1880s to the 1930s . But unlike the generation of leftist critics that preceded them , whose analysis was rooted in ...
... distributive implications of monopolistic competition , at least some models suggested that supernormal profits would persist in the long run in most markets.92 26 Hale and the other progressive rent theorists were sympathetic INTRODUCTION.
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 |