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This classic book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central to liberal political, moral, and legal theory. In the first part of the book, he rejects traditional rational choice liberalism in favor of the view that the market operates as a rational way of fostering stable relationships and institutions within communities of individuals with broadly divergent conceptions of the good. However, markets are needed most where they are most difficult to create and sustain, and one way to understand contract law in liberal legal theory, according to Professor Coleman, is as an institution designed to reduce uncertainty and thereby make markets possible.
This work investigates the fundamental tension between the pursuit of justice and the demands of economic efficiency within the context of risk allocation and safety regulation. Jules L. Coleman, a prominent legal theorist, evaluates the role of the market as a central mechanism in liberal political and legal frameworks. He challenges traditional rational choice liberalism, proposing instead that markets function as essential tools for fostering stability among individuals who hold diverse moral and social values. The text argues that contract law serves as a critical institutional instrument for mitigating uncertainty, thereby enabling the existence of markets in complex social environments.
What You Will Find
Legal scholars and philosophers frequently cite this text as a foundational contribution to the discourse on market-based liberal theory. Readers often note the high level of academic density, requiring a strong background in jurisprudence and economic philosophy to fully engage with the author's arguments.
Page Count:
508
Publication Date:
2002-10-31
Publisher:
Oxford Univ Pr (Txt)
ISBN-10:
0199253617
ISBN-13:
9780199253616
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