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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... surplus from which would be used to finance government welfare programs to assure a social minimum for all citizens.24 As with many left - leaning social reformers of his time , it is not hard to detect a strong socialist influence on ...
... surplus returns , or " scarcity rents , " disproportionate to their actual sacrifice . The key to at just distribution of wealth , they argued , lay in the state's appropriating these rents through price controls and taxation , and then ...
... surplus social product ; T. H. Green's insistence that liberty be given a " positive " and not merely “ negative ” mean- ing ; and the pragmatists ' and logical positivists ' insistence , imported to law by the Realists , that ...
... surplus , " or " unearned increment " ) did not reflect any virtue on the part of the producers ; it simply reflected the relative scarcity of the goods or services that they provided . Neither Lockean theory nor any other justifica ...
... surplus above a fair return on their true costs — that is , they would realize inframarginal rents . Marshall himself had acknowledged the possibil- ity of inframarginal rents ( “ quasi - rents ” ) in competitive industries in the short ...
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 |