Markets, Morals, and the Law

Paperback | July 10, 2003

byJules L. Coleman

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This collection of essays by one of America's leading legal theorists is unique in its scope: It shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics and political science. There are four sections in the book. The first offers anew version of legal positivism and an original theory of legal rights. The second section critically evaluates the economic approach to law, and the third considers the relationship of justice to liability for unintentional harms and to the practice of settling disputes rather than fully litigatingthem. Finally, Coleman explores formal social choice in democratic theory, the relationship between market behaviour and voting, and the view that morality itself, like law, is a solution of the problem of market failure. This book will be of cardinal importance to philosophers of law, legaltheorists, political scientists, and economists.

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This collection of essays by one of America's leading legal theorists is unique in its scope: It shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics and political science. There are four sections in the book. The first offers anew version of legal positivism and an orig...

Jules L. Coleman is Wesley Newcomb Hohfeld Professor of Jurisprudence and Professor of Philosophy, Yale University.
Format:PaperbackDimensions:414 pages, 9.21 × 6.14 × 0.85 inPublished:July 10, 2003Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199253609

ISBN - 13:9780199253609

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Table of Contents

Part I: Law and Morality1. Negative and Positive Positivism2. Rethinking the Theory of Legal RightsPart II. Law and Economics3. Efficiency, Auction, and Exchange4. Efficiency, Utility, and Wealth Maximisation5. The Foundation of Constitutional EconomicsPart III. Torts, Crimes and Settlements6. Crimes, Kickers and Transaction Structures7. The Morality of Strict Tort Liability8. Corrective Justice and Wrongful Gain9. Justice in SettlementsPart IV. Markets, Morals and Politics10. Market Contractarianism11. Unanimity12. Democracy and Social Choice13. Morality and the Theory of Rational Choice

Editorial Reviews

`In Jules Coleman's essays, two rich fields of enquiries - how to understand law, and how far economic models apply to non-market institutions - are brought together and illuminated by one of the outstanding contemporary practitioners of legal philosophy.'David Gauthier, Distinguished Service Professor of Philosophy, University of Pittsburgh