DMCA. Copyrighted Work that you can Claim.
Base have 223 081 books.
Search: 


📙 Efficiency Instead of Justice?: Searching for the Philosophical Foundations of the Economic Analysis of Law by Prof. Dr. iur. Klaus Mathis MA in Economics, Deborah Shannon (auth.) — download pdf


Economic analysis of law is an interesting and challenging attempt to employ the concepts and reasoning methods of modern economic theory so as to gain a deeper understanding of legal problems. According to Richard A. Posner it is the role of the law to encourage market competition and, where the market fails because transaction costs are too high, to simulate the result of competitive markets. This would maximize economic efficiency and social wealth.

In this work, the lawyer and economist Klaus Mathis critically appraises Posner’s normative justification of the efficiency paradigm from the perspective of the philosophy of law. Posner acknowledges the influences of Adam Smith and Jeremy Bentham, whom he views as the founders of normative economics. He subscribes to Smith’s faith in the market as an ideal allocation model, and to Bentham’s ethical consequentialism. Finally, aligning himself with John Rawls’s contract theory, he seeks to legitimize his concept of wealth maximization with a consensus theory approach.

In his interdisciplinary study, the author points out the possibilities as well as the limits of economic analysis of law. It provides a method of analysing the law which, while very helpful, is also rather specific. The efficiency arguments therefore need to be incorporated into a process for resolving value conflicts. In a democracy this must take place within the political decision-making process. In this clearly written work, Klaus Mathis succeeds in making even non-economists more aware of the economic aspects of the law.

"Mathis gives a succinct and lucid presentation of the economic theory of law, and of the problems associated with its application as a normative theory in law. At the same time, he rightly draws attention to the advantages associated with this approach, and provides a helpful and thoroughly ambitious introduction to its fundamental principles."
Prof. Dr. Jan-R. Sieckmann,Archives for Philosophy of Law and Social Philosophy (ARSP), Vol. 91/2 (2006)



About book:

About file:

  • File size: 3 787 382
  • Format: pdf


Security code:
Download button

Similar books results


Clinical Bioethics: A Search for the Foundations (International Library of Ethics, Law, and the New Medicine)
Clinical Bioethics: A Search for the Foundations (International Library of Ethics, Law, and the New Medicine) pdf free by Corrado Viafora (Editor)

A theory of Clinical Bioethics based on the integration of the moral logic of health care practice ("internal morality") and the larger social concerns and processes ("external morality") Clinical Bioethics. A Search for the Foundations compares major th...

Clinical Bioethics: A Search for the Foundations
Clinical Bioethics: A Search for the Foundations pdf free by David C. Thomasma (auth.), David C. Thomasma, David N. Weisstub, Thomasine Kimbrough Kushner, Corrado Viafora (eds.)

A theory of Clinical Bioethics based on the integration of the moral logic of health care practice ("internal morality") and the larger social concerns and processes ("external morality")Clinical Bioethics. A Search for the Foundations compares major theo...

Development Models, Globalization and Economies: A Search for the Holy Grail?
Development Models, Globalization and Economies: A Search for the Holy Grail? pdf free by John B. Kidd, Frank-Jurgen Richter

Development Models, Globalization and Economies compares and critiques the different economic models available in today's global market place. The US or Anglo-Saxon model is often portrayed as the best, yet Europe has a well-known Social Model, and Asia h...

Logicomix: An Epic Search for Truth
Logicomix: An Epic Search for Truth free epub by Apostolos Doxiadis, Christos Papadimitriou

An innovative, dramatic graphic novel about the treacherous pursuit of the foundations of mathematics. This exceptional graphic novel recounts the spiritual odyssey of philosopher Bertrand Russell. In his agonized search for absolute truth, Russell crosse...

Philosophical Foundations of Science: Proceedings of Section L, 1969, American Association for the Advancement of Science
Philosophical Foundations of Science: Proceedings of Section L, 1969, American Association for the Advancement of Science free download by John Shapley (auth.), Raymond J. Seeger, Robert S. Cohen (eds.)

At the 1969 annual meeting of the American Association for the Ad­ vancement ofScience, held in Boston on December 27-29, a sequence of symposia on the philosophical foundations of science was organized jointly by Section L of the Association and the Bost...

From Berlin to Baghdad: America's Search for Purpose in the Post-cold War World
From Berlin to Baghdad: America's Search for Purpose in the Post-cold War World pdf free by Hal Brands

Containing Communism was the primary goal of American foreign policy for four decades, allowing generations of political leaders to build consensus atop a universally accepted foundation. From Berlin to Baghdad dissects numerous attempts, after co...

The Search for Extra Terrestrial Intelligence: A Philosophical Inquiry
The Search for Extra Terrestrial Intelligence: A Philosophical Inquiry free download by David Lamb

The Search for Extra Terrestrial Intelligence critically evaluates claims concerning the status of SETI as a genuine scientific research program and examines the attempts to establish contact with other intelligent life forms in the past thirty years....

Global Perspective for Competitive Enterprise, Economy and Ecology: Proceedings of the 16th ISPE International Conference on Concurrent Engineering
Global Perspective for Competitive Enterprise, Economy and Ecology: Proceedings of the 16th ISPE International Conference on Concurrent Engineering pdf free by Ming-Hsien Yang, Shu-Hsing Chung, Ching-Kuei Kao (auth.), Shuo-Yan Chou, Amy Trappey, Jerzy Pokojski, Shana Smith (eds.)

Global Perspective for Competitive Enterprise, Economy and Ecology addresses the general theme of the Concurrent Engineering (CE) 2009 Conference – the need for global advancements in the areas of competitive enterprise, economy and ecology.The CE concept...

From Berlin to Baghdad: America's Search for Purpose in the Post-cold War World
From Berlin to Baghdad: America's Search for Purpose in the Post-cold War World epub download by Hal Brands

On November 9, 1989, a mob of jubilant Berliners dismantled the wall that had divided their city for nearly forty years; this act of destruction anticipated the momentous demolition of the European communist system. Within two years, the nations of the fo...

Introduction to Linear Algebra and Differential Equations
Introduction to Linear Algebra and Differential Equations free download by Dettman J.W.

Excellent introductory text focuses on complex numbers, determinants, orthonormal bases, symmetric and hermitian matrices, first order non-linear equations, linear differential equations, Laplace transforms, Bessel functions, more. Includes 48 black-and-w...

Introduction to High Energy Physics
Introduction to High Energy Physics pdf free by Donald H. Perkins

This highly regarded textbook for advanced undergraduates provides a comprehensive introduction to modern particle physics. Coverage emphasizes the balance between experiment and theory. It places stress on the phenomenological approach and basic theoreti...

Introduction to Latin America: Twenty-First Century Challenges
Introduction to Latin America: Twenty-First Century Challenges free pdf by Peadar Kirby

Introductory text on Latin America discusses the liberalizing reforms taking place in the economies of virtually all the countries of the region. Assesses their impact on the lives and livelihoods of Latin Americans, and offers some diagnosis of the regio...

Introduction to Japanese Horror Film
Introduction to Japanese Horror Film download pdf by Colette Balmain

Beginning with Godzilla, Colette Balmain follows the evolution of Japanese horror from the 1950s to contemporary classics such as Ringu and Ju-On: The Grudge. Divided thematically, she identifies the vengeful virgin, the demonic child, the doomed lover...

Introduction to inequalities

  Introduction to information-based high-tech services
Introduction to information-based high-tech services download pdf by Eric Viardot

Provides insights into the evolving role of "service" in high technology companies and shows managers how marketing performance can be improved by designing services that are in line with customer needs and expectations. The text provides analysis of the ...

Introduction to Instrumentation, Measmnts.

Introduction to lens design : with practical ZEMAX examples

Introduction to Ion Beam Biotechnology
Introduction to Ion Beam Biotechnology free pdf by Yu Zengliang (auth.)

Introduction to Ion Beam BiotechnologyYu Zengliang, PhDNational Key Laboratory of Ion Beam BioengineeringInstitute of Plasma PhysicsChinese Academy of SciencesHefei, ChinaIntroduction to Ion Beam Biotechnology presents an up-to-date treatment of modern io...

Introduction to Linear Algebra, Fourth Edition
Introduction to Linear Algebra, Fourth Edition epub download by Gilbert Strang

Gilbert Strang's textbooks have changed the entire approach to learning linear algebra -- away from abstract vector spaces to specific examples of the four fundamental subspaces: the column space and nullspace of A and A'. Introduction to Linear Algebra...