In France, John Baptist Say has the merit of producing a very superior work on the subject of Political Economy. His arrangement is luminous, ideas clear, style perspicuous, and the whole subject brought within half the volume of [Adam] Smith's work. Add to this considerable advances in correctness and extension of principles.

Human rights discourse has been likened to a global lingua franca, and in more ways than one, the analogy seems apt. Human rights discourse is a language that is used by all yet belongs uniquely to no particular place. It crosses not only the borders between nation-states, but also the divide between national law and international law: it appears in national constitutions and international treaties alike. But is it possible to conceive of human rights as a global language or lingua (...) franca not just in a figurative or metaphorical sense, but in a literal or linguistic sense as a legal dialect defined by distinctive patterns of word choice and usage? Does there exist a global language of human rights that transcends not only national borders, but also the divide between domestic and international law? Empirical analysis suggests that the answer is yes, but this global language comes in at least two variants or dialects. New techniques for performing automated content analysis enable us to analyze the bulk of all national constitutions over the last two centuries, together with the world’s leading regional and international human rights instruments, for patterns of linguistic similarity and to evaluate how much language, if any, they share in common. Specifically, we employ a technique known as topic modeling that disassembles texts into recurring verbal patterns. The results highlight the existence of two species or dialects of rights talk—the universalist dialect and the positive-rights dialect—both of which are global in reach and rising in popularity. The universalist dialect is generic in content and draws heavily on the type of language found in international and regional human rights instruments. It appears in particularly large doses in the constitutions of transitional states, developing states, and states that have been heavily exposed to the influence of the international community. The positive-rights dialect, by contrast, is characterized by its substantive emphasis on positive rights of a social or economic variety, and by its prevalence in lengthier constitutions and constitutions from outside the common law world, especially those of the Spanish-speaking world. Both dialects of rights talk are truly transnational, in the sense that they appear simultaneously in national, regional, and international legal instruments and transcend the distinction between domestic and international law. Their existence attests to the blurring of the boundary between constitutional law and international law. (shrink)

This paper suggests the adoption of a ‘capability approach’ to key concepts in healthcare. Recent developments in theoretical approaches to concepts such as ‘health’ and ‘disease’ are discussed, and a trend identified of thinking of health as a matter of having the capability to cope with life’s demands. This approach is contrasted with the WHO definition of health and Boorse’s biostatistical account. We outline the ‘capability approach’, which has become standard in development ethics and economics, and show how existing work (...) in those areas can profitably be adapted to healthcare. Cases are used to illustrate the value of adopting a capability approach. (shrink)

Jordan acceded to the WTO in 1999. In its accession Jordan agreed, for example, to reduce tariffs on imported products and open its services market; it also modified its intellectual property regime. Jordan enjoyed special and differential treatment in few areas and was not able to designate olive oil as a good eligible for special safeguards. The WTO agreements required fundamental changes in the domestic laws and regulations of Jordan. The article concludes by arguing that Jordan’s accession to the WTO (...) was a lengthy and costly process. Jordan agreed to an arduous package of legal and economic reforms. Given that Jordan agreed to greater commitments compared to the obligations of the original WTO members, the multilateral trading system witnessed an accession saga. (shrink)

This introduction explains the reasons behind this Special issue and discuss the organization and content of it. The difficulty of a genuine dialogue and understanding between economics, law and humanities, seems to be due not only to the fragmentation of reflections on man, but to a real ‘conflict of anthropologies’. What kind of conceptions of man and human values are presupposed by and / or privileged by economics, law, economic approaches to law and social sciences? How and when do (...) these conceptions come into conflict within and between disciplines? How do these conceptions of man and his values influence the conceptions of economics, law and institutions, and vice versa, how do these last conceptions influence the former? What are the normative, regulatory and practical implications of assuming an anthropological and / or axiological perspective instead of another? This Special issue aims at exploring the possibility of finding a common ground for discussion between economics, law and humanities, through the analysis and comparison of both the conceptions of man, human action and values assumed by economics, law and humanities, and their normative implications. The contributions to this Special issue and its organization are outlined at the end of this introduction. (shrink)

Governments, or at least the clever ones among them, are aware of the factors guiding business activities. In the course of adopting and enforcing economic legislation, they seek to attract business activities in order to increase national income, generate employment opportunities, and, very generally, please voters. Hence economic law may be considered an economic good, as suggested by the title of this book. That function, which most rules of economic law have in the competition of systems, (...) was strengthened by the worldwide liberalization of trade. Today, it is of greater significance than ever before. Lawyers, economists, academics, and practitioners, from inside and outside Germany, have taken a look at the facts and have discussed approaches to conceptualizing them. The resulting 30 essays, collected in this volume, contribute to the interpretation of existing, and the making of new, economic law. (shrink)

In this volume, Charles Kindleberger makes a powerful case against the idea that any one model could be used to unlock the basic secret of economic history. It is essentially an exercise in methodology, addressed to economists and economic historians alike. He argues that too many economists discover a relationship or a uniformity in economic behaviour, develop a model, and use it to explain more than it is capable of, including, on occasion, all economic behaviour. These (...) lectures discuss four 'laws' in economics to show how uniformities can illuminate economic history in particular aspects. They illustrate the view that the economist or economic historian seeking to test analysis against historical data should have a variety of different models, and not just one. The implication is that however scientific and technical the tools, choosing them carefully to fit particular circumstances is itself an art. (shrink)

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. (shrink)

. History of the concept of economic efficiency . INTRODUCTION James Buchanan won the Nobel Prize by proving that the process by which elected officials ...

Global justice is one of the most important subjects in law and political theory today. What principles of justice might tell us about the actual practices of the WTO and other international economic institutions is of vital importance to states and their citizens. This volume reflects the results of a symposium held at Tillar House, the ASIL headquarters in Washington, DC, in November 2008 which brought together philosophers, legal scholars, and economists to discuss the problems of understanding international (...) class='Hi'>economic law from the standpoint of rights, justice, and economic efficiency. The book makes advances in developing the normative criterion for ecaluation and justifying the international economic legal order. (shrink)

This is the first book to comprehensively analyze the work of Hans Micklitz, one of the leading scholars in the field of EU economic law. It brings together analysts, academic friends and critics of Hans Micklitz and results in a unique collection of essays that evaluate his work on European Economic Law and Regulation. The contributions discuss a wide range of Micklitz' work: from his theoretical work on private law beyond party autonomy, with a special focus on its (...) regulatory function, to the illustration of how his work has built the basis for current solutions such as used in solving the financial crisis. The book is divided into sections covering foundations of private law, regulatory law, competition and intellectual property law, product safety law, consumer contract law and the enforcement of law. This book clearly shows the enormous impact of Hans Micklitz' work on the EU legal system in both scholarship and practice. (shrink)

Since Pope Leo XIII wrote Rerum Novarum, the Catholic Church, while opposing socialism, has adopted a skeptical and suspicious posture with regard to the free market. The popes have supported labor unions, the idea of a "just wage," and a variety of other interventions. Yet the economic recommendations of the Church have consistently proven counterproductive, and have apparently been devised without recourse to economic law. Papal economic teaching is filled with unstated assumptions which, if false, throw into (...) question the moral analysis based on them.Depuis que le Pape Léon XIII a écrit Rerum Novarum l’église catholique, bien qu’opposée au socialisme, a adopté une attitude sceptique et suspicieuse à l’égard du libre marché. Les papes successifs ont soutenu les syndicats, l’idée de « juste salaire », et une variété d’autres interventions. Jusqu’à présent les recommandations économiques de l’Eglise ont constamment été contreproductives et ont été promulguées sans égard vis-à-vis des lois économiques. L’enseignement économique des Papes est rempli d’hypothèses non formulées qui, si elles sont fausses, mettent en question l’analyse morale qu’elles sous-tendent. (shrink)

The descriptive viewpoint in rational choice has generated an important Standard Rational Choice Theory revision. This viewpoint has meant the introduction of relevant psychological considerations that Rational Choice Theory tied to the neoclassical economics is unable to heed In this paper I suggest a way to expand the descriptive viewpoint by theorizing how some factors, coming from the social and cultural environment, operate within rational choice. That troublesome issue concerning the overall validity of economic laws is also a question (...) here; specifically, if these descriptive proposals expand the explanation of the disturbing causes of economic laws, or if they actually call into question their fundamental principles, encouraging consideration of some economic issues in a quite new, different manner. (shrink)

For centuries, international trade has been seen as essential to the wealth and power of nations. More recently we have started to understand its problematic role as an engine of distributive justice. In this compelling book Frank J. Garcia proposes a new way to evaluate, construct and manage international trade - one that is based on norms of economic justice, comparative advantage and national interest. Garcia examines three ways to conceptualize the problem of trade and global justice, drawn from (...) Rawlsian liberalism, communitarianism and consent theory. These approaches illustrate specific issues of importance to the way global justice has been theorized, offering a pluralistic mode of arguing for global justice and highlighting the unique modes of discourse we employ when engaging with global justice and their implications for conceptualizing and arguing the problem. Garcia suggests a new direction for trade agreements built around truly consensual trade negotiations and the kind of international economic system they would structure. (shrink)

International economic law is peculiar. It claims universal character, yet eschews engagement with many, if not all, the racialised features of the global political economy. Its scholars mostly ignore imperialism, colonialism, and capitalism; they exclude slavery, predation, and racism altogether. In the following article, we draw upon Walter Rodney’s dialectics of development to offer a racial capitalist critique of international economic law. The disciplinary boundaries and operative logic normalised by its denizens corral us in a white, Eurocentric episteme. (...) Ahistoricism, decontextualisation, and externalisation are three epistemic devices at the forefront of the exclusionary discourse of IEL. In this space, the histories and epistemologies of Black peoples are ghettoised, treated as alien to the framework. After identifying this bias, we use the Black Radical Tradition to evaluate IEL’s amenability to the racial capitalism critique. (shrink)

Notwithstanding International Economic Law’s (IEL’s) inevitable distributional effects, IEL scholarship has had limited engagement with theoretical work on global distributive justice and fairness. In part this reflects the failure of global justice theorists to derive principles that can be readily applied to the concrete problems of IEL. This article bridges this gap, drawing on existing coercion-based accounts of global justice in political theory to propose a novel account of global distributive justice that both resolves problems within the existing theoretical (...) literature and can be directly applied to both explain and critique concrete issues in IEL, including in particular WTO law. By complementing existing coercion-based accounts with a more nuanced typology of international coercion, it distinguishes two morally salient classes of economically relevant measures: External Trade Measures (ETMs), which pursue their goals specifically through the regulation of international economic activity; and Domestic Economic Measures (DEMs), which do not. The distinctive intentional relationship between ETMs and the outsiders they affect means such measures require more stringent justification, in terms of global equality or other goals those outsiders themselves share; whereas DEMs can be justified under the principle of self-determination. Non-Product Related Production Processes and Methods (NPRPPMs) provide a case study to show how this framework can illuminate recurring problems in IEL. (shrink)

What will be the future of social science? Where exactly do we stand, and where do we go from here? What kinds of problems should we be addressing, with what kinds of approaches and arguments? In Cognitive Dimensions of Social Science, Mark Turner offers an answer to these pressing questions: social science is headed toward convergence with cognitive science. Together they will give us a new and better approach to the study of what human beings are, what human beings do, (...) what kind of mind they have, and how that mind developed over the history of the species. Turner, one of the originators of the cognitive scientific theory of conceptual integration, here explores how the application of that theory enriches the social scientific study of meaning, culture, identity, reason, choice, judgment, decision, innovation, and invention. About fifty thousand years ago, humans made a spectacular advance: they became cognitively modern. This development made possible the invention of the vast range of knowledge, practices, and institutions that social scientists try to explain. For Turner, the anchor of all social science - anthropology, political science, sociology, economics - must be the study of the cognitively modern human mind. In this book, Turner moves the study of those extraordinary mental powers to the center of social scientific research and analysis. (shrink)

Mehlman and Massey examine possible legal responses to the issues that confront physicians faced with treating patients who have insufficient financial resources. This commentary explores the same issues from the perspective of ethics, including a comparison of the way law and ethics interpret the physician-patient relationship, the ethical obligations of physicians that are inherent in that relationship, and the propriety of Mehlman and Massey's legal and ethical proposals to ameliorate physicians' conflicting obligations in providing or withholding care on grounds of (...) conservation of society's resources. (shrink)

How much of economic theory can be derived using pure logic and how much of it depends on empirical facts? In a provocative article, Hülsmann criticizes Mises and Rothbard for relying on empirical assumptions, ceteris paribus claims, and thought experiments in their analysis. Instead, Hülsmann proposes a counterfactual method that does not rely on any empirical assumptions and is said to produce universally valid claims. Upon inspection we find that many of his proposed laws are either inexact, incorrect, or (...) must rely on subsidiary assumptions to be true. We conclude that the traditional approach of Mises and Rothbard appears to be more fruitful and true. (shrink)

To-day economics is considered the most highly developed discipline among the social sciences. Yet, its explanatory and predictive powers are admitted by all hands to be weak compared to those possessed by the physical sciences. This weakness is still frequently explained by apologetic references to the relatively tender age of economic science. This apparently implies that in the normal course of time economics will grow up and achieve the stature and powers of say, physics. The trouble with this argument (...) is that economics is certainly as old as physics. If it lags behind other disciplines in predictive and explanatory powers, lack of time cannot be the cause. (shrink)

Despite the tremendous progress in the development of scientific knowledge, the understanding of the causes of poverty and inequality, and the role of politics and governance in addressing modern challenges, issues such as social inclusion, poverty, marginalization and despair continue to be a reality across the world - and most often impact Indigenous Peoples. At the Margins of Globalization explores how Indigenous Peoples are affected by globalization, and the culture of individual choice without responsibility that it promotes, while addressing what (...) can be done about it. Though international trade and investment agreements are unlikely to go away, the inclusion of Indigenous rights provisions has made a positive difference. This book explains how these provisions operate and how to build from their limited success. (shrink)

In his book The Economic Laws of Scientific Research, Terence Kealey deconstructs major misconceptions about scientific research and its relation to the state. He shows, through revisionist history and economic data, that the premises behind common defenses of government funding of science are fallacious. Even though science is related to economic growth, the state cannot boost the economy by injecting funds into scientific research. Also, the state cannot discover which scientific projects are most important because it cannot (...) rely on market signals from the price system. Finally, the state cannot determine the right level of funding for scientific research, because it has no way of knowing which projects will have positive economic impact. Not surprisingly, after showing how the market produces science in a rational way, Kealey recommends a laissez-faire approach to scientific research. (shrink)

As the subtitle indicates, this book is a bibliography. The author’s purpose was to present the important works of philosophical ethics and those of the social sciences as they relate to ethical problems, especially in economics, law, politics, and sociology. Each of these fields is given a full chapter of roughly 50 pages, while the chapter on ethics itself covers 70 pages. Each chapter begins with a few preliminary remarks which, in one page, sketch the most important philosophic topics in (...) that field. The listings in each chapter are then arranged under the following headings: introductory bibliographies to the field; references to general studies ; references to studies of particular periods; to particular countries; to special questions; and to periodicals. The bibliographical study should be of value to anybody interested in interdisciplinary research. It gives one an immediate clue where to go in pursuing an interdisciplinary problem in the field of social sciences, but unfortunately not in all of them. Linguistics and anthropology are totally absent, and psychology has unfortunately no separate place in the book, although one can find it under special headings. While the study can therefore not be called a bibliography of all the social sciences, it is nonetheless truly remarkable in its scope. (shrink)

This book is part of a bibliographic series on the whole of philosophy by the author. Subsequent volumes will be Philosophy: Its Nature, Methods and Basic Sources and Philosophy: Its Histories, Systems and Specific Settings. The present volume aims at providing "selected and classified bibliographies in the fields of ethics, economics, law, politics, and sociology from the point of view of their relevance to philosophy." It contains a chapter on each of these subjects. Each chapter is in turn divided somewhat (...) as follows: general studies, particular periods and countries, special questions, and periodicals. Each subsection is introduced by a very brief description, when this is appropriate. There is a lengthy index of authors whose works are cited. The work is directed toward English-speaking students and so concentrates on studies in English. It is difficult to evaluate an undertaking of this scope, and one is almost inevitably disappointed when he turns to sections dealing with topics of special interest to him. One example will suffice. Those familiar with the sociology of religion will find that the listings under that heading include no works of Peter Berger, Thomas Luckmann or Thomas O'Dea, that of Weber's works on the sociology of religion only The Protestant Ethic and The Spirit of Capitalism is cited, and that none of the journals devoted to religious studies is mentioned among the specialized sociological periodicals. One cannot help but feel that the scope of this work is too ambitious for one man. Perhaps a collaborative effort or a select bibliography of bibliographies would have been a more feasible venture. On the other hand, this bibliography can, as the author intended, supply the student of philosophy with "selected writings which may lead to other treatises," and it may suggest to him "new fields for inquiry or research."--H. F. (shrink)

Law, Economics, and Morality examines the possibility of combining economic methodology and deontological morality through explicit and direct incorporation of moral constraints into economic models. Economic analysis of law is a powerful analytical methodology. However, as a purely consequentialist approach, which determines the desirability of acts and rules solely by assessing the goodness of their outcomes, standard cost-benefit analysis is normatively objectionable. Moderate deontology prioritizes such values as autonomy, basic liberties, truth-telling, and promise-keeping over the promotion of (...) good outcomes. It holds that there are constraints on promoting the good. Such constraints may be overridden only if enough good is at stake. While moderate deontology conforms to prevailing moral intuitions and legal doctrines, it is arguably lacking in methodological rigor and precision. Eyal Zamir and Barak Medina argue that the normative flaws of economic analysis can be rectified without relinquishing its methodological advantages and that moral constraints can be formalized so as to make their analysis more rigorous. They discuss various substantive and methodological choices involved in modeling deontological constraints. Zamir and Medina propose to determine the permissibility of any act or rule infringing a deontological constraint by means of mathematical threshold functions. Law, Economics, and Morality presents the general structure of threshold functions, analyzes their elements and addresses possible objections to this proposal. It then illustrates the implementation of constrained CBA in several legal fields, including contract law, freedom of speech, antidiscrimination law, the fight against terrorism, and legal paternalism. (shrink)

This book is part of a bibliographic series on the whole of philosophy by the author. Subsequent volumes will be Philosophy: Its Nature, Methods and Basic Sources and Philosophy: Its Histories, Systems and Specific Settings. The present volume aims at providing "selected and classified bibliographies in the fields of ethics, economics, law, politics, and sociology from the point of view of their relevance to philosophy." It contains a chapter on each of these subjects. Each chapter is in turn divided somewhat (...) as follows: general studies, particular periods and countries, special questions, and periodicals. Each subsection is introduced by a very brief description, when this is appropriate. There is a lengthy index of authors whose works are cited. The work is directed toward English-speaking students and so concentrates on studies in English. It is difficult to evaluate an undertaking of this scope, and one is almost inevitably disappointed when he turns to sections dealing with topics of special interest to him. One example will suffice. Those familiar with the sociology of religion will find that the listings under that heading include no works of Peter Berger, Thomas Luckmann or Thomas O'Dea, that of Weber's works on the sociology of religion only The Protestant Ethic and The Spirit of Capitalism is cited, and that none of the journals devoted to religious studies is mentioned among the specialized sociological periodicals. One cannot help but feel that the scope of this work is too ambitious for one man. Perhaps a collaborative effort or a select bibliography of bibliographies would have been a more feasible venture. On the other hand, this bibliography can, as the author intended, supply the student of philosophy with "selected writings which may lead to other treatises," and it may suggest to him "new fields for inquiry or research."--H. F. (shrink)

"Law and Economics has become an established field worldwide and it may be argued that it is one of the few examples of a successful interdisciplinary project. This book explores whether, or to what extent, that interdisciplinarity has indeed been a success. It provides insights on the foundations and methods, achievements and challenges of Law and Economics, at a time when both the continuing challenges to academic economics and the growth of empirical legal studies raise questions about the identity and (...) possible further developments of the project. Through a combination of reflections on long-term trends and detailed case studies on current developments, contributors to this volume analyse whether and in which sense Law and Economics is a successful interdisciplinary endeavour. Inspired by insights from the philosophy of social sciences, the book shows how concepts travel between legal scholarship and economics, how they change meanings when applied elsewhere, how economic theories and models inform, and transform, judicial practice, and addresses whether the transfers of knowledge between economics and law are symmetrical exchanges between the two disciplines"--. (shrink)

Despite the idiosyncratic behavior of individuals, empirical regularities exist in social and economic systems. These regularities often arise from simple underlying mechanisms which, analogous to the natural sciences, can be expressed as universal principles or laws. In this essay, I discuss the similarities between economic and natural phenomena and argue that it is advantageous for economists to adopt methods from the natural sciences to discover “universal laws” in economic systems.

Research in the subject area of economics (as a social science) has defined its ontologie of scientific investigation through economic methodology; a philosophical approach entailing the proviso of empirical evidence and backed by an understanding of human interaction in their natural habitat. The contention of economic methodology being refuted for its non-scientific means of investigation and particularly with the application of Ceteris Paribus (CP) law, has been critically addressed in this article, with Sierra Leone as a case example. (...) Sierra Leone is a complex economy and issues surrounding the assumption of CP has been brought to the fore, with a view of the political economy structure being made transparent so as to make it possible for economists to address critical issues surrounding corruption (exogenous factors), not accounted for in econometric modelling. This is not necessarily that which is considered as the most obvious, with the use of CP concept, for example, the influence of naturally occurring incidents like adverse weather conditions, flooding and earthquakes. (shrink)