economics law and individual rights the economics of legal relationships

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Economics Law And Individual Rights

Author : Hugo M. Mialon
ISBN : 9781135979881
Genre : Business & Economics
File Size : 46. 94 MB
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This is the first book to examine individual rights from an economic perspective, collecting together leading articles in this emerging area of interest and showing the vibrant and expanding scholarship that relates them. Areas covered include The implications of constitutional protections of individual rights and freedoms, including freedom of speech and of the press, The right to bear arms, The right against unreasonable searches, The right against self-incrimination, The right to trial by jury, The right against cruel and unusual punishment, including capital punishment. The focus of these papers is both theoretical and empirical, examining how economics can illuminate the entire sequence of crime and punishment, from the decision to commit a crime, to police methods for apprehending and arresting criminals, to the rules used in trials to the scope of punishment for the convicted.

Law And Social Economics

Author : M. White
ISBN : 9781137443762
Genre : Business & Economics
File Size : 60. 3 MB
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This edited volume is the first collection of essays exploring the intersection of social economics and the law, providing alternatives to neoclassical law-and-economics and applying them to real-world issues. Law is a social enterprise concerned with values such as justice, dignity, and equality, as well as efficiency - which is the same way that social economists conceive of the economy itself. Social economists and legal scholars alike need to acknowledge the interrelationship between the economy and the law in a broader ethical context than enabled by mainstream law-and-economics. The ten chapters in Law and Social Economics, written by an international assortment of scholars from economics, philosophy, and law, employ a wide variety of approaches and methods to show how a more ethically nuanced approach to economics and the law can illuminate both fields and open up new avenues for studying social-economic behavior, policy, and outcomes in all their ethical and legal complexity.

Alternative Institutional Structures

Author : Sandra Batie
ISBN : 9781135974916
Genre : Business & Economics
File Size : 63. 17 MB
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In the spring on 2006, a workshop was held at Michigan State University to honour the career of A. Allan Schmid and his writings about how institutions evolve and how alternative institutions, including property rights, shape political relationships and impact economic performance. This edited book is the outcome of the workshop. It is a collection of original essays that explores several approaches to understanding the impact of alternative legal-economic institutions. The collection investigates questions such as: What are the similarities and differences among the various strands and approaches? Could parts of the different approaches be integrated to achieve greater insight into economic behaviour? Do different analytical problems require different approaches? Are the various strands of institutionalism actually saying the same things, but using different language and perspective? In gathering together authors who represent different approaches or strands of institutionalism, this book addresses several different issues such as transactions as the unit of observation, bounded rationality and learning, power issues embedded in the concept of efficiency, comparative empirical analysis, multiple equilibria and institutional diversity within a given environment, specification of institutional rules and structures, evolutionary perspectives, decentralized processes, and the significance of historical content.

New Directions In International Economic Law

Author : Todd Weiler
ISBN : 9789004191426
Genre : Law
File Size : 89. 69 MB
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Dedicated to the memory of a path-breaking international lawyer, Thomas Wälde, this volume offers an eclectic mix of contributions from leading academics and practitioners. Topics include: foreign direct investment, dispute settlement, corporate responsibility, economic development, natural resources, and private international law.

Property Rights Economics And The Environment

Author : Michael D. Kaplowitz
ISBN : 9781135697150
Genre : Business & Economics
File Size : 48. 71 MB
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This book explores how discussions of environmental policy increasingly require scholars and practitioners to integrate legal-economic analyses of property rights issues. An excellent array of contributors have come together for the first time to produce this magnificent book.

Fulfilling Social And Economic Rights

Author : Sakiko Fukuda-Parr
ISBN : 9780190226695
Genre : Political Science
File Size : 68. 42 MB
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One of the most ambitious legacies of the 20th century was the universal commitment to ensure freedom from want as a human right. But to what extent are countries across the world living up to this commitment? This path breaking book develops an innovative, evidence-based index for comparing performance on education, food, health, work and housing across very differently situated countries and over time. It explores the factors influencing performance and provides empirical evidence to resolve some long standing controversies over the principle of "progressive realization". By defying the boundaries of traditional research disciplines, this work fundamentally advances our knowledge about the status of and factors promoting social and economic rights fulfillment at the dawn of the 21st century.

Public Policy In International Economic Law

Author : Diane Desierto
ISBN : 9780191026485
Genre : Law
File Size : 22. 30 MB
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States reject inequality when they choose to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States' international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR, particularly in the context of States' decisions within international trade, finance, and investment. Differentiating between public policy mechanisms and institutional functional mandates in the international trade, finance, and investment systems, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfil economic, social and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of harmonizing social protection objectives under the ICESCR with a State's international economic treaty obligations, from the designing and interpreting international treaty texts, up to the institutional monitoring and empirical analysis of ICESCR compliance. In examining public policy options, the book takes into account around five decades of States' implementation of social protection commitments under the ICESCR; its normative evolution through the UN Committee on Economic, Social and Cultural Rights, and the Committee's expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional interpretive communities within international trade, finance, and investment law. Ultimately, the book shoes how States' ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.

The Law Of Conflicts And Of International Economic Relations

Author : Ferenc Mádl
ISBN : 9630575256
Genre : Law
File Size : 79. 12 MB
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In The Grip Of Freedom

Author : Cary Boucock
ISBN : 0802083420
Genre : Political Science
File Size : 22. 72 MB
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Examining the relationship between Weber's Sociology of Law and his interpretation of the structure and meaning of modern society, Boucock looks at Weber's thought in the context of developments in Canada since 1982.

Economic Social And Cultural Rights In Armed Conflict

Author : Gilles Giacca
ISBN : 9780191026911
Genre : Law
File Size : 35. 11 MB
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This book addresses the international legal obligation to protect economic, social, and cultural human rights in times of armed conflict and other situations of armed violence. These rights provide guarantees to individuals of their fundamental rights to work, to an adequate standard of living (food, water, housing), to education, and to health. Armed violence can take many forms, from civil unrest or protest and other forms of internal disturbances and tensions to higher levels of violence that may amount to armed conflict, whether of an international or of a non-international character. However, in all such cases the protection of ESC rights is sorely challenged. Situations of actual or potential violence present a number of challenges to the application and implementation of human rights law in general and socio-economic rights obligations more specifically. This book sets out the legal framework, defining what constitutes a minimum universal standard of human rights protection applicable in all circumstances. It assesses the concept and content of ESC rights' obligations, and evaluates how far they can be legally applicable in various scenarios of armed violence. By looking at the specific human rights treaty provisions, it discusses how far ESC rights obligations can be affected by practical and legal challenges to their implementation. The book addresses the key issues facing the protection of such rights in times of armed conflict: the legal conditions to limit ESC rights on security grounds, including the use of force; the extraterritorial applicability of international human rights treaties setting out ESC rights; the relationship between human rights law and international humanitarian law; and the obligations of non-state actors under human rights law and with particular relevance to the protection of ESC rights. The book assesses the nature of these potential challenges to the protection of ESC rights, and offers solutions to reinforce their continued application.

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