A theoretical discussion and internal critique of mainstream law and economics scholarship, especially as it approaches the issue of paternalism. Cserne discusses how, and to what extent, economic analysis can explain and/or justify the limitations on freedom of contract, with special emphasis on paternalism.
Yet the market paradigm, this book argues, leaves substantial room for challenge. For example, should people be permitted to buy and sell blood, bodily organs, surrogate babies, or sexual favors?
To what extent should medical practice be paternalistic? The Routledge Handbook of the Philosophy of Paternalism is essential reading for students and researchers in applied ethics and political philosophy.
The book argues that ultimately freedom is best analyzed as a changing set of constraints, rather than an attainable ideal.
See, e.g., David Herbert Donald, Liberty and Union: The Crisis Of Popular Government, 1830–1870, 233–34 (1978). Donald notes that in the late 19th century the tariff issue was “seldom debated in terms of free trade versus protectionism.
Economic analysis of law: an overview -- Behavioral studies -- An overview of behavioral law and economics -- Normative implications -- Behavioral insights and basic features of the law -- Property law -- Contract law -- Consumer contracts ...
John Stuart Mill's "On Liberty" was first published in 1859. In the 21st century this text confirms Socrates' claim that "it is only the life of true philosophy that scorns the life of political ambition" (Plato's Republic, 521).
Offering a fresh perspective on "nudging", this book uses legal paternalism to explore how legal systems may promote good policies without ignoring personal autonomy.
The Tyranny of Utility takes on this rise of paternalism and its dangers for individual freedoms, and examines how developments in economics and the social sciences are leading to greater government intrusion in our private lives.
The Oxford Handbook of Freedom will crystallize this work and craft the first wide-ranging analysis of freedom in all its dimensions: legal, cultural, religious, economic, political, and psychological.
... Campbell and Halson : Remedies in Contract and Tort Harvey : Seeking Asylum in the UK : Problems and Prospects ... The Law and Parliament Oliver : Common Values and the Public - Private Divide Palmer and Roberts : Dispute Processes ...