Handbook on law, innovation and growth
Robert E. Litan

This Handbook provides breakthrough analyses on an important, cutting-edge topic: the connections between the legal system, both in substance and process, and innovation and growth. Arguably the most important intellectual development in legal scholarship and judicial decision-making over the past four decades has been the increasing use of economic modes of analysis in legal reasoning. The Handbook on Law, Innovation and Growth sheds new light on the linkages between innovation, growth and the legal system, answering questions that will help policymakers better understand and implement the law in an effort to advance economic welfare. This Handbook brings together many prominent scholars to examine the features of the legal infrastructure that affect both innovation and growth. Individual chapters explore different legal subject areas, in most cases offering recommendations for rule changes that could accelerate growth, primarily in the context of the US economy. The introductory chapter cohesively ties all of the contributions together and explains why it is time for legal scholarship and research to move in a new direction. Surpassing other literature on the subject, this landmark Handbook is certainly a critical volume for any student or scholar of law and economics.

Just Words:
Lillian Hellman, Mary McCarthy,
and the Failure of Public Conversation in America

Alan Ackerman

In an appearance on The Dick Cavett Show in 1980, the critic Mary McCarthy glibly remarked that every word author Lillian Hellman wrote was a lie, "including 'and' and 'the.'" Hellman immediately filed a libel suit, charging that McCarthy's comment was not a legitimate conversation on public issues but an attack on her reputation. This intriguing book offers a many-faceted examination of Hellman's infamous suit and explores what it tells us about tensions between privacy and self-expression, freedom and restraint in public language, and what can and cannot be said in public in America.« Riduci

Migration and the New Technological Borders of Europe
Huub Dijstelbloem, Albert Meijer

European borders that aim to control migration and mobility increasingly rely on technology to distinguish between citizens and aliens. This book explores new tensions in Europe between states and citizens, and between politics, technology and human rights

The reception of international law
in the European Court of Human Rights
Magdalena Forowicz

The growing number of international courts and tribunals and their bourgeoning case law have fuelled concerns about the fragmentation of international law. This arises as a consequence of both the specialized regimes these courts create and the multiple ways in which they may interpret international law emanating from other sources.
This book considers this issue by examining the busiest and arguably most successful international court, the European Court of Human Rights. More specifically, it focuses on the jurisprudence of the Court and its predecessor, the European Commission of Human Rights, covering a range of special human rights regimes, treaty law, and the case law of the International Court of Justice.
The author assesses whether the Court has been able to adopt a coherent, comprehensive approach to the interpretation and evaluation of international law and thus the extent to which it has been able to contribute to the development and coherence of international law.

Law and Sovereignty in the Middle Ages and the Renaissance
Robert S. Sturges

This volume offers an interdisciplinary collection of original essays by both new and established scholars that surveys the complex relationships between law and sovereign power in medieval and early modern Europe. Sovereignty, law, and the relationship between them are now among the most compelling topics in history, philosophy, literature and art. Some argue that the state's power over the individual has never been more complete, while for others, such factors as globalization and the internet are subverting traditional political forms. This book exposes the roots of these arguments in the Middle Ages and Renaissance. The thirteen contributions investigate theories, fictions, contestations, and applications of sovereignty and law from the Anglo-Saxon period to the seventeenth century, and from England across western Europe to Germany, France, Italy, and Spain. Particular topics include: Habsburg sovereignty, Romance traditions in Arthurian literature, the duomo in Milan, the political theories of Juan de Mariana and of Richard Hooker, Geoffrey Chaucer's legal problems, the accession of James I, medieval Jewish women, Elizabethan diplomacy, Anglo-Saxon political subjectivity, and medieval French farce. Together these contributions constitute a valuable overview of the history of medieval and Renaissance law and sovereignty in several disciplines. They will appeal to not only to political historians, but also to all those interested in the histories of art, literature, religion, and culture.

Lawyers and the rule of law in an era of globalization
Yves Dezalay

Lawyers and the Rule of Law in an Era of Globalizationfocuses on the national and transnational processes transforming both the rule of law and the role of lawyers. The book draws on a framework that emphasizes the relationship between the national and the international, the strategies of lawyers at various political levels, and the circulation of ideas and people. As such, it considers the 'rule of law', not as a normative ideal that has to be accomplished and realized, but rather as a field of action and discourse that emerges through complex relationships among experts, national elites and global institutions. Through detailed empirical work, the contributors all examine the relationship between law, politics, and the state; focusing on lawyers and the social capital they posses and deploy, in order to understand the efficacy of the rule of law in different polities. Lawyers and the Rule of Law in an Era of Globalizationwill be invaluable for socio-legal scholars, students of the legal profession, as well as those with interests in law and development studies.

Bourgeois Dignity:
Why Economics Can't Explain the Modern World

Deirdre N. McCloskey

The big economic story of our times is not the Great Recession. It is how China and India began to embrace neoliberal ideas of economics and attributed a sense of dignity and liberty to the bourgeoisie they had denied for so long. The result was an explosion in economic growth and proof that economic change depends less on foreign trade, investment, or material causes, and a whole lot more on ideas and what people believe.
Or so says Deirdre N. McCloskey in Bourgeois Dignity, a fiercely contrarian history that wages a similar argument about economics in the West. Here she turns her attention to seventeenth- and eighteenth-century Europe to reconsider the birth of the industrial revolution and the rise of capitalism. According to McCloskey, our modern world was not the product of new markets and innovations, but rather the result of shifting opinions about them. During this time, talk of private property, commerce, and even the bourgeoisie itself radically altered, becoming far more approving and flying in the face of prejudices several millennia old. The wealth of nations, then, didn’t grow so dramatically because of economic factors: it grew because rhetoric about markets and free enterprise finally became enthusiastic and encouraging of their inherent dignity.
An utterly fascinating sequel to her critically acclaimed book The Bourgeois Virtues, Bourgeois Dignity is a feast of intellectual riches from one of our most spirited and ambitious historians—a work that will forever change our understanding of how the power of persuasion shapes our economic lives.

Lectures on Antitrust Economics
Michael D. Whinston

Antitrust law regulates economic activity but differs in its operation from what is traditionally considered "regulation." Where regulation is often industry-specific and involves the direct setting of prices, product characteristics, or entry, antitrust law focuses more broadly on maintaining certain basic rules of competition. In these lectures Michael Whinston offers an accessible and lucid account of the economics behind antitrust law, looking at some of the most recent developments in antitrust economics and highlighting areas that require further research. He focuses on three areas: price fixing, in which competitors agree to restrict output or raise price; horizontal mergers, in which competitors agree to merge their operations; and exclusionary vertical contracts, in which a competitor seeks to exclude a rival.

Antitrust commentators widely regard the prohibition on price fixing as the most settled and economically sound area of antitrust. Whinston's discussion seeks to unsettle this view, suggesting that some fundamental issues in this area are, in fact, not well understood. In his discussion of horizontal mergers, Whinston describes the substantial advances in recent theoretical and empirical work and suggests fruitful directions for further research. The complex area of exclusionary vertical contracts is perhaps the most controversial in antitrust. The influential "Chicago School" cast doubt on arguments that vertical contracts could be profitably used to exclude rivals. Recent theoretical work, to which Whinston has made important contributions, instead shows that such contracts can be profitable tools for exclusion. Whinston's discussion sheds light on the controversy in this area and the nature of those recent theoretical contributions.

Competition policy:
theory and practice

Massimo Motta

 

This is the first book to provide a systematic treatment of the economics of antitrust (or competition policy) in a global context. It draws on the literature of industrial organisation and on original analyses to deal with such important issues as cartels, joint-ventures, mergers, vertical contracts, predatory pricing, exclusionary practices, and price discrimination, and to formulate policy implications on these issues. The interaction between theory and practice is one of the main features of the book, which contains frequent references to competition policy cases and a few fully developed case studies. The treatment is written to appeal to practitioners and students, to lawyers and economists. It is not only a textbook in economics for first year graduate or advanced undergraduate courses, but also a book for all those who wish to understand competition issues in a clear and rigorous way. Exercises and some solved problems are provided.

What is this thing called happiness?
Fred Feldman

According to an ancient and still popular view -- sometimes known as 'eudaimonism' -- a person's well-being, or quality of life, is ultimately determined by his or her level of happiness. According to this view, the happier a person is, the better off he is. The doctrine is controversial in part because the nature of happiness is controversial. In What Is This Thing Called Happiness? Fred Feldman presents a study of the nature and value of happiness. Part One contains critical discussions of the main philosophical and psychological theories of happiness. Feldman presents arguments designed to show that each of these theories is problematic. Part Two contains his presentation and defense of his own theory of happiness, which is a form of attitudinal hedonism. On this view, a person's level of happiness may be identified with the extent to which he or she takes pleasure in things. Feldman shows that if we understand happiness as he proposes, it becomes reasonable to suppose that a person's well-being is determined by his or her level of happiness. This view has important implications not only for moral philosophy, but also for the emerging field of hedonic psychology. Part Three contains discussions of some interactions between the proposed theory of happiness and empirical research into happiness

Who knew?:
responsibility without awareness

George Sher

To be responsible for their acts, agents must both perform those acts voluntarily and in some sense know what they are doing. Of these requirements, the voluntariness condition has been much discussed, but the epistemic condition has received far less attention. In Who Knew? George Sher seeks to rectify that imbalance. The book is divided in two halves, the first of which criticizes a popular but inadequate way of understanding the epistemic condition, while the second seeks to develop a more adequate alternative. It is often assumed that agents are responsible only for what they are aware of doing or bringing about--that their responsibility extends only as far as the searchlight of their consciousness. The book criticizes this "searchlight view" on two main grounds: first, that it is inconsistent with our attributions of responsibility to a broad range of agents who should but do not realize that they are acting wrongly or foolishly, and, second, that the view is not independently defensible. The book's positive view construes the crucial relation between an agent and his failure to recognize the wrongness or foolishness of what he is doing in causal terms: the agent is responsible when, and because, his failure to respond to his reasons for believing that he is acting wrongly or foolishly has its origins in the same constitutive psychology that generally does render him reason-responsive.

The beloved self:
morality and the challenge from egoism

Alison Hills

The Beloved Self is about the holy grail of moral philosophy, an argument against egoism that proves that we all have reasons to be moral. Part One introduces three different versions of egoism. Part Two looks at attempts to prove that egoism is false, and shows that even the more modest arguments that do not try to answer the egoist in her own terms seem to fail. But in part Three, Hills defends morality and develops a new problem for egoism, an epistemological problem. She shows that it is not epistemically rational to believe the most plausible versions of egoism.

The first part of the book will be most relevant to those interested in moral theory, as it contains detailed discussions of recent interpretations of virtue ethics and especially of Kant's moral theory. The second and third part of the book turn to epistemology, particularly moral epistemology, and include an account of the relationship between knowledge and action, a new theory of moral understanding, and a discussion of the epistemically rational response to various kinds of disagreement. Hills also defends a new account of virtue and of morally worthy action.

Love, friendship, and the self:
intimacy, identification, and the social nature of persons

Bennett W. Helm

Recent Western thought has consistently emphasized the individualistic strand in our understanding of persons at the expense of the social strand. Thus, it is generally thought that persons are self-determining and autonomous, where these are understood to be capacities we exercise most fully on our own, apart from others, whose influence on us tends to undermine that autonomy.Love, Friendship, and the Selfargues that we must reject a strongly individualistic conception of persons if we are to make sense of significant interpersonal relationships and the importance they can have in our lives. It presents a new account of love as intimate identification and of friendship as a kind of plural agency, in each case grounding and analyzing these notions in terms of interpersonal emotions. At the center of this account is an analysis of how our emotional connectedness with others is essential to our very capacities for autonomy and self-determination: we are rational and autonomous only because of and through our inherently social nature. By focusing on the role that relationships of love and friendship have both in the initial formation of our selves and in the on-going development and maturation of adult persons, Helm significantly alters our understanding of persons and the kind of psychology we persons have as moral and social beings.

Lying And Deception
Thomas L. Carson

Democracy and Moral Conflict
Robert B. Talisse

Why democracy? Most often this question is met with an appeal to some decidedly moral value, such as equality, liberty, dignity, or even peace. But in contemporary democratic societies, there is deep disagreement and conflict about the precise nature and relative worth of these values. And when democracy votes, some of those who lose will see the prevailing outcome as not merely disappointing, but morally intolerable. How should citizens react when confronted with a democratic result that they regard as intolerable? Should they revolt, or instead pursue democratic means of social change? In this book, Robert Talisse argues that each of us has reasons to uphold democracy - even when it makes serious moral errors - and that these reasons are rooted in our most fundamental epistemic commitments. His original and compelling study will be of interest to a wide range of readers in political philosophy and political theory.

The moral foundations of social institutions:
a philosophical study

Seumas Miller

In this book, Seumas Miller examines the moral foundations of contemporary social institutions. Offering an original general theory of social institutions, he posits that all social institutions exist to realize various collective ends, indeed, to produce collective goods. He analyses key concepts such as collective responsibility and institutional corruption. Miller also provides distinctive special theories of particular institutions, including governments, welfare agencies, universities, police organizations, business corporations, and communications and information technology entities. These theories are philosophical and, thus, foundational and synoptic in character. They are normative accounts of a sampling of contemporary social institutions, not descriptive accounts of all social institutions, both past and present. Miller also addresses various ethical challenges confronting contemporary institutional designers and policymakers, including the renovation of the international financial system, the "dumbing down" of the media, the challenge of world poverty, and human rights infringements by security agencies combating global terrorism.

Human rights, legitimacy, and the use of force
Allen E. Buchanan

The thirteen essays by Allen Buchanan collected here are arranged in such a way as to make evident their thematic interconnections: the important and hitherto unappreciated relationships among the nature and grounding of human rights, the legitimacy of international institutions, and the justification for using military force across borders. Each of these three topics has spawned a significant literature, but unfortunately has been treated in isolation. In this volume Buchanan makes the case for a holistic, systematic approach, and in so doing constitutes a major contribution at the intersection of International Political Philosophy and International Legal Theory. A major theme of Buchanan's book is the need to combine the philosopher's normative analysis with the political scientist's focus on institutions. Instead of thinking first about norms and then about institutions, if at all, only as mechanisms for implementing norms, it is necessary to consider alternative "packages" consisting of norms and institutions. Whether a particular norm is acceptable can depend upon the institutional context in which it is supposed to be instantiated, and whether a particular institutional arrangement is acceptable can depend on whether it realizes norms of legitimacy or of justice, or at least has a tendency to foster the conditions under which such norms can be realized. In order to evaluate institutions it is necessary not only to consider how well they implement norms that are now considered valid but also their capacity for fostering the epistemic conditions under which norms can be contested, revised, and improved.

Kinds of reasons:
an essay in the philosophy of action

María Alvarez

Understanding human beings and their distinctive rational and volitional capacities is one of the central tasks of philosophy. The task requires a clear account of such things as reasons, desires, emotions and motives, and of how they combine to produce and explain human behaviour. In Kinds of Reasons, Maria Alvarez offers a fresh and incisive treatment of these issues, focusing in particular on reasons as they feature in contexts of agency. Her account builds on some important recent work in the area; but she takes her main inspiration from the tradition that receives its seminal contemporary expression in the writings of G.E.M. Anscombe, a tradition that runs counter to the broadly Humean orthodoxy that has dominated the theory of action for the past forty years. Alvarez's conclusions are therefore likely to be controversial; and her bold and painstaking arguments will be found provocative by participants on every side of the debates with which she engages. Clear and directly written, Kinds of Reasons aims to stake out a distinctive position within one of the most hotly contested areas of contemporary philosophy.

Well-being and death
Ben Bradley

Well-Being and Death addresses philosophical questions about death and the good life: what makes a life go well? Is death bad for the one who dies? How is this possible if we go out of existence when we die? Is it worse to die as an infant or as a young adult? Is it bad for animals and fetuses to die? Can the dead be harmed? Is there any way to make death less bad for us? Ben Bradley defends the following views: pleasure, rather than achievement or the satisfaction of desire, is what makes life go well; death is generally bad for its victim, in virtue of depriving the victim of more of a good life; death is bad for its victim at times after death, in particular at all those times at which the victim would have been living well; death is worse the earlier it occurs, and hence it is worse to die as an infant than as an adu< death is usually bad for animals and fetuses, in just the same way it is bad for adult humans; things that happen after someone has died cannot harm that person; the only sensible way to make death less bad is to live so long that no more good life is possible.

Law and Ecology New Environmental Foundations

Edited by Andreas Phlippopoulos-Mihalopoulos

Editore Taylor & Francis

ISBN 1136817123, 9781136817120