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Economic analysis of law is an interesting and challenging attempt to employ the concepts and reasoning methods of modern economic theory so as to gain a deeper understanding of legal problems. According to Richard A. Posner it is the role of the law to encourage market competition and, where the market fails because transaction costs are too high, to simulate the result of competitive markets. This would maximize economic efficiency and social wealth. In this work, the lawyer and economist Klaus Mathis critically appraises Posner’s normative justification of the efficiency paradigm from the perspective of the philosophy of law. Posner acknowledges the influences of Adam Smith and Jeremy Bentham, whom he views as the founders of normative economics. He subscribes to Smith’s faith in the market as an ideal allocation model, and to Bentham’s ethical consequentialism. Finally, aligning himself with John Rawls’s contract theory, he seeks to legitimize his concept of wealth maximization with a consensus theory approach. In his interdisciplinary study, the author points out the possibilities as well as the limits of economic analysis of law. It provides a method of analysing the law which, while very helpful, is also rather specific. The efficiency arguments therefore need to be incorporated into a process for resolving value conflicts. In a democracy this must take place within the political decision-making process. In this clearly written work, Klaus Mathis succeeds in making even non-economists more aware of the economic aspects of the law. "Mathis gives a succinct and lucid presentation of the economic theory of law, and of the problems associated with its application as a normative theory in law. At the same time, he rightly draws attention to the advantages associated with this approach, and provides a helpful and thoroughly ambitious introduction to its fundamental principles." Prof. Dr. Jan-R. Sieckmann, Archives for Philosophy of Law and Social Philosophy (ARSP), Vol. 91/2 (2006).
Economics. --- Justice, Administration of --- Law --- Procedure (Law) --- Economic aspects. --- Philosophy. --- Jurisprudence --- Adjective law --- Legal procedure --- Practice (Legal procedure) --- Procedural law --- Administration of justice --- Courts --- Economic theory --- Political economy --- Social sciences --- Economic man --- Practice --- Procedure --- Law and legislation --- Ökonomische Theorie des Rechts --- Rechtsphilosophie. --- Law and economics. --- Philosophy (General). --- Economic theory. --- Political science. --- Law and Economics. --- Theories of Law, Philosophy of Law, Legal History. --- Philosophy, general. --- Economic Theory/Quantitative Economics/Mathematical Methods. --- Political Science. --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- State, The --- Economics and jurisprudence --- Economics and law --- Jurisprudence and economics --- Economics --- Law—Philosophy. --- Law. --- Mental philosophy --- Humanities --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Legislation
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Results of the 2007 Nuremberg Conference on Peace and Justice: Tensions between peace and justice have long been debated by scholars, practitioners and agencies including the United Nations, and both theory and policy must be refined for very practical application in situations emerging from violent conflict or political repression. Specific contexts demand concrete decisions and approaches aimed at redress of grievance and creation of conditions of social justice for a non-violent future. There has been definitive progress in a world in which blanket amnesties were granted at times with little hesitation. There is a growing understanding that accountability has pragmatic as well as principled arguments in its favour. Practical arguments as much as shifts in the norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark choice between peace and justice. It is socio-political transformation, not just an end to violence, that is needed to build sustainable peace. This book addresses these dilemmas through a thorough overview of the current state of legal obligations; discussion of the need for a holistic approach including development; analysis of the implications of the coming into force of the ICC; and a series of "hard" case studies on internationalized and local approaches devised to navigate the tensions between peace and justice.
International movements --- Politics --- European law --- Peaceful settlement of international disputes --- Criminology. Victimology --- Criminal law. Criminal procedure --- politieke wetenschappen --- strafrecht --- criminologie --- Europees recht --- Ex post facto laws --- Justice, Administration of --- Peace-building --- Political crimes and offenses --- Restorative justice --- Offenses against the State --- Offenses, Political --- Political offenses --- State, Offenses against the --- Crime --- Extradition --- Political violence --- Subversive activities --- Building peace --- Peacebuilding --- Conflict management --- Peace --- Peacekeeping forces --- Administration of justice --- Law --- Courts --- Nulla poena sine lege doctrine --- Nullum crimen sine lege doctrine --- Criminal law --- Due process of law --- Retroactive laws --- Rule of law --- Balanced and restorative justice --- BARJ (Restorative justice) --- Community justice --- Restorative community justice --- Criminal justice, Administration of --- Reparation (Criminal justice) --- Political aspects --- International cooperation --- Law and legislation
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