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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.
This book investigates the complex intersection of free market mechanisms and the requirements of social justice, questioning whether current economic models sufficiently account for human welfare and democratic values. Cass R. Sunstein, a prominent legal scholar, utilizes his expertise in constitutional law and behavioral economics to challenge the conventional reliance on market efficiency as the sole metric for policy success. He argues that markets are not natural, self-regulating entities but are instead constructed by legal frameworks that must be intentionally designed to protect rights and promote equity. By integrating insights from social norms and human rationality, the author proposes a regulatory approach that balances economic growth with the protection of life and health.
What You Will Find
Legal scholars and economists frequently cite this work as a foundational text for understanding the behavioral critique of law and economics. Experts highlight the text's academic rigor and its influence on modern debates regarding the limits of market-based policy solutions.
Page Count:
416
Publication Date:
1999-03-18
Publisher:
Oxford University Press
ISBN-10:
0195102738
ISBN-13:
9780195102734
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