Free markets and social justice / Cass R. Sunstein.

Format:

Book

Author/Creator:

Sunstein, Cass R.

Language:

English

Subjects (All):

Free enterprise.

Law--Economic aspects.

Law.

Social justice.

Physical Description:

1 online resource (415 p. ) tables

Edition:

1st ed.

Place of Publication:

New York : Oxford University Press, 1997.

Summary:

In this title, Sunstein presents a wide-ranging analysis of free markets and their limits, and discussion of law and economics as a field. He explores "free markets" and social justice in three main parts. The book raises a number of questions about economic analysis of law in its conventional form.

The newest work from one of the most pre-eminent voices writing in the legal/political arena today, this important book presents a new conception of the relationship between free markets and social justice. The work begins with foundations--the appropriate role of existing "preferences," the importance of social norms, the question whether human goods are commensurable, and issues of distributional equity. Continuing with rights, the work shows that markets have only a partial but instrumental role in the protection of rights. The book concludes with a discussion on regulation, developing approaches that would promote both economic and democratic goals, especially in the context of risks to life and health. Free Markets and Social Justice develops seven basic themes during its discussion: the myth of laissez-faire; preference formation and social norms; the contextual character of choice; the importance of fair distribution; the diversity of human goods; how law can shape preferences; and the puzzles of human rationality. As the latest word from an internationally-renowned writer, this work will raise a number of important questions about economic analysis of law in its conventional form.

Contents:

Intro

Contents

Introduction

I. Foundational Issues

1. Preferences and Politics

2. Social Norms and Social Roles

3. Incommensurability and Valuation in Law

4. Measuring Well-Being

5. Experts, Economists, and Democrats with Richard Pildes

II. Rights

6. Why Markets Don't Stop Discrimination

7. The First Amendment in Cyberspace

8. On Property and Constitutionalism

9. Political Equality and Unintended Consequences

III. Regulation

10. Endogenous Preferences, Environmental Law

11. Paradoxes of the Regulatory State

12. Health-Health Trade-Offs

13. Democratizing America Through Law

14. Congress, Constitutional Moments, and the Cost-Benefit State

Afterword

Index

A

B

C

D

E

F

G

H

I

J

K

L

M

N

O

P

Q

R

S

T

U

V

W

Y

Z.

Notes:

Includes bibliographical references and index.

Description based on metadata supplied by the publisher and other sources.

ISBN:

1-280-45236-6

0-19-535617-9

0-585-24565-7

OCLC:

609832352