Law and Market Economy: Reinterpreting the Values of Law and EconomicsThis integrated study of lawȩconomics and Peircian semiotics re-examines the relationship between law and economicso̧vercoming the dichotomy between efficiency and justicea̧nd introduces a new conception of law and market economy. The author challenges several basic assumptions of the economic analysis of lawi̧ncluding rational choice theoriesţo develop an expanded jurisprudence of social exchange. Examining the meaning and structure of the market exchange process through the broader perspective of human relationships and experienceḩe contrasts the need for creativity with traditional economic concerns for efficiency: instead he shows how creativity requires an ethic of social responsibilityģrounded in conceptions of humilityḑiversity and reciprocityţo contribute to the process of sustainable wealth formation. The book examines legal analysis and argument within an integrated market context. Numerous examplesi̧ncluding re-interpretations of classic problemsḑemonstrate the way in which law and legal institutions continually shape and reshape patterns of social interaction and market exchange. |
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Law and Market Economy: Reinterpreting the Values of Law and Economics Robin Paul Malloy No preview available - 2000 |
Common terms and phrases
Adam Smith alternative assumptions Charles Sanders Peirce Coase Theorem concept Consequently contract convention conventionalized creative discovery critical theory Denis Brion Discourse dynamic economic analysis efficiency analysis efficient breach environment equilibrium ethic of social example facilitate factory frame of reference framework freedom human idea implications important individual influence inquiry interaction interpretive communities involves Kaldor-Hicks efficiency Kirzner law and economics law and market legal rule market economy market exchange process market theory meaning and value mortgage market networks and patterns norms Pareto efficiency particular patterns of exchange Peirce Peirce's position Posner potential problem process of creative process of exchange rational referential relational relationship between law result rhetorical strategies Richard Posner Roberta Kevelson Robin Paul Malloy self-interest semiosis semiotic sign system social exchange social organization social prosperity social responsibility social/market exchange process society sustainable wealth formation tion traditional law transaction costs understanding values and meanings wealth maximization