Descripciones mejoradas de Syndetics:

The newest work from one of the most preeminent 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.

Tabla de contenidos provista por Syndetics

• Acknowledgments
• Introduction(p. 3)
• 1 Preferences and Politics(p. 12)
• 2 Social Norms and Social Roles(p. 32)
• 3 Incommensurability and Valuation in Law(p. 70)
• 4 Measuring Well-Being(p. 108)
• 5 Experts, Economists, and Democrats with Richard Pildes(p. 128)
• Ii Rights(p. 148)
• 6 Why Markets Don'T Stop Discrimination(p. 150)
• 7 The First Amendment in Cyberspace(p. 167)
• 8 On Property and Constitutionalism(p. 203)
• 9 Political Equality and Unintended Consequences(p. 223)
• 10 Endogenous Preferences, Environmental Law(p. 244)
• 11 Paradoxes of the Regulatory State(p. 271)
• 12 Health-Health Trade-Offs(p. 298)
• 13 Democratizing America Through Law(p. 318)
• 14 Congress, Constitutional Moments, and the Cost-Benefit State(p. 348)
• Afterword(p. 383)
• Index(p. 387)

Reseñas proporcionadas por Syndetics

CHOICE Review

This compilation of journal articles, revised to unify and clarify the ideas of legal scholar Sunstein (Univ. of Chicago), addresses the role of markets in achieving societal goals. Because market structures depend on law for their creation and maintenance, the notion that markets and government intervention are at odds with one another is rejected. Moreover, because norms are context sensitive and may disguise preferences, norm changing and creation are appropriate public policy concerns. Sunstein argues that the current political debate over more or less market intervention is misplaced. He views markets as both over and underutilized as policy vehicles. For example, markets are seen as not likely to end racial or gender discrimination since self-interest may foster discrimination. Yet regulation is viewed as often merely redistributing, rather than reducing, injustice. Sunstein believes that greater use of market incentives should be employed where they can foster societal ends (e.g., speech and the environment). Where markets are likely to fail, he thinks enlightened regulation tempered by deliberation and assessment is capable of advancing democratic goals. This is a thought-provoking and important contribution to current public policy debate. Highly recommended for libraries at all levels. R. Kelly; Fairfield University

Booklist Review

Sunstein, noted legal scholar and prolific author, is also the Llewellyn Distinguished Professor of Jurisprudence at the University of Chicago School of Law; he has written dozens of articles for academic and law journals and for the popular press. His books include Democracy and the Problem of Free Speech (1994) and The Partial Constitution (1993). In the context of a "mounting enthusiasm for free markets" worldwide, Sunstein undogmatically analyzes here the complex relationships between market forces, social justice, liberty, and freedom. He develops seven basic themes--beginning with the "myth of laissez-faire" as he declares that "the notion of `laissez-faire' is a grotesque misdescription of what free markets actually require and entail." Organizing his presentation into three sections (foundational issues, rights, and regulation), he raises potent issues such as how we measure well-being, why markets do not eliminate discrimination, and the paradoxes of the regulatory state. Sunstein successfully and eloquently lays out weighty arguments without making them seem ponderous. --David Rouse

Notas de autor provistas por Syndetics

Cass R. Sunstein is a law professor at Harvard Law School and is the most cited law professor in the United States.

(Bowker Author Biography)