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Free Markets And Social Justice

Author: Cass R. Sunstein
Publisher: Oxford University Press
ISBN: 9780195356175
Size: 56.94 MB
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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.

Free Market Fairness

Author: John Tomasi
Publisher: Princeton University Press
ISBN: 069114446X
Size: 36.15 MB
Format: PDF
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"This book provides an original defense of classical liberalism. Tomasi argues that the high liberal conception of free and equal moral persons requires robust economic liberties as a condition of individual independence and self-authorship, while also justifying social supports for the less advantaged. Free Market Fairness is an important contribution to liberal thought."--Samuel Freeman, University of Pennsylvania "Tomasi's 'market democracy' is a fresh, important research program."--Elizabeth Anderson, University of Michigan "The great political power of free market ideas in recent decades has been unmatched by philosophical and moral defenses. John Tomasi's fresh exploration of market liberty will challenge orthodoxies left and right. An important and timely book."--Stephen Macedo, Princeton University "This is one of the very best philosophical treatments of libertarian thought, ever. John Tomasi cements his position as one of America's leading social and political philosophers."--Tyler Cowen, author of Creative Destruction "This book represents the most ambitious recent effort by a political philosopher to square the circle: free markets and fairness. Even readers who disagree with Tomasi's conclusions will find insight and clarity on every page."--Richard Epstein, New York University "Tomasi's elegant book resembles a long and friendly conversation between Friedrich Hayek and John Rawls--a conversation which, astonishingly, reaches agreement."--Deirdre McCloskey, author of Bourgeois Dignity and The Bourgeois Virtues "Tomasi is sympathetic to, and captures much of the point of, positions to the right of his, and positions to the left. The result is disarming and genuine. Readers will find themselves turning the pages, hoping not so much to spot the flaw as simply to learn something, and they will not be disappointed."--David Schmidtz, University of Arizona "This book makes a case that needed making and that will have a large impact on contemporary thinking about social justice."--Michael Zuckert, University of Notre Dame "Hayekian freedom and Rawlsian social justice both evoke attractive visions of how human beings might live together--something seldom acknowledged in our polarized political world. John Tomasi's Free Market Fairness treats both traditions with depth, nuance, and unremitting fair-mindedness, and then points us toward a synthesis. Social democrats and libertarians equally need to read this book."--Charles Murray, American Enterprise Institute "Political philosophers are apt to dig in to carefully constructed ideological bunkers from which they lob argumentative mortar shells at their opponents. John Tomasi prefers instead to build bridges. Well-crafted and provocative, Free Market Fairness will surely stimulate much conversation--and perhaps a few mortar rounds in response."--Loren Lomasky, University of Virginia "This is a terrific book--lively, stimulating, novel, and important. Written with clarity and lightness, it is appealingly wide-ranging, spanning political philosophy, intellectual history, and more. It will be widely read and cited."--Jacob T. Levy, McGill University

Fair Trade Coffee

Author: Gavin Fridell
Publisher: University of Toronto Press
ISBN: 0802092381
Size: 55.88 MB
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Using case studies from Mexico and Canada, this book examines the fair trade coffee movement at both the global and local level, assessing its effectiveness and locating it within political and development theory. It provides an analysis of fair trade coffee in the context of global trade.

Legal Reasoning And Political Conflict

Author: Cass R. Sunstein
Publisher: Oxford University Press
ISBN: 9780195353495
Size: 35.55 MB
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The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political Conflict, Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Sunstein offers a close analysis of the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. Why? For one thing, critics and adversaries who would never agree on fundamental ideals are often willing to accept the concrete details of a particular decision. Likewise, a plea bargain for someone caught exceeding the speed limit need not--indeed, must not--delve into sweeping issues of government regulation and personal liberty. Thus judges purposely limit the scope of their decisions to avoid reopening large-scale controversies. Sunstein calls such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning--and as a central part of constitutional thinking in America, South Africa, and Eastern Europe-- he takes issue with advocates of comprehensive theories and systemization, from Robert Bork (who champions the original understanding of the Constitution) to Jeremy Bentham, the father of utilitarianism, and Ronald Dworkin, who defends an ambitious role for courts in the elaboration of rights. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. For example, he cites Griswold v. Connecticut, a groundbreaking case in which the Supreme Court struck down Connecticut's restrictions on the use of contraceptives by married couples--a law that was no longer enforced by prosecutors. In overturning the legislation, the Court invoked the abstract right of privacy; the author asserts that the justices should have appealed to the narrower principle that citizens need not comply with laws that lack real enforcement. By avoiding large-scale issues and values, such a decision could have led to a different outcome in Bowers v. Hardwick, the decision that upheld Georgia's rarely prosecuted ban on sodomy. And by pointing to the need for flexibility over time and circumstances, Sunstein offers a novel understanding of the old ideal of the rule of law. Legal reasoning can seem impenetrable, mysterious, baroque. This book helps dissolve the mystery. Whether discussing the interpretation of the Constitution or the spell cast by the revolutionary Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: the legislatures elected by the people.

Social Justice And Neoliberalism

Author: Professor Adrian Smith
Publisher: Zed Books Ltd.
ISBN: 1848137818
Size: 54.71 MB
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The continuing expansion of neoliberalism into ever more spaces and spheres of life has profound implications for social justice. Despite the number of policies designed to target ‘social exclusion’, people in many communities continue to be marginalized by economic restructuring. Social Justice and Neoliberalism explores the connections between neoliberalism, social justice and exclusion. The authors raise critical questions about the extent to which neoliberal programmes are able to deliver social justice in different locations around the world. The book offers grounded, theoretically oriented, empirically rich analysis that critiques neoliberalism while understanding its material impacts. It also stresses the need to extend analyses beyond the dominant spheres of capitalism to look at the ways in which communities resist and remake the economic and social order, through contestation and protest but also in their everyday lives. Global in scope, this book brings together writers who examine these themes in the global South, the former ‘communist’ East and the West, using the experience of marginal peoples, places and communities to challenge our conceptions of capitalism and its geographies.

Free Market Criminal Justice

Author: Darryl K. Brown
Publisher: Oxford University Press
ISBN: 0190457872
Size: 35.44 MB
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Free Market Criminal Justice explains how faith in democratic politics and free markets has undermined the rule of law in US criminal process. America's unique political development, characterized by skepticism of government power, has restrained the state's role not only in the economic realm but also in key parts of its criminal justice systems. From charging decisions through trials or guilty pleas and appeals, legal safeguards against bias, wrongful convictions, and excessive punishment rely more on politics and laissez-faire economic ideas than on enforceable rules and duties. Prosecutorial discretion is checked not by legal standards but by popular elections, and plea bargaining law is wholly built on a faith in unregulated markets-in contrast to the systems in other common law countries that also have neoliberal economies, adversarial process, and high guilty plea rates. This book argues that democratic and market ideas have led to more partisan prosecutors, narrower duties of evidence disclosure, and to a right to defense counsel that carefully accommodates preexisting wealth inequalities. Most important, democratic and market values have diminished the responsibility of judges-and of the state itself-for the accuracy and integrity of court judgments. Paradoxically, skepticism of government has expanded state power, reduced checks on executive officials, marginalized juries, and contributed to record incarceration rates. In contrast to recent arguments for re-invigorating democracy in criminal process, Free Market Criminal Justice argues that, to strengthen the rule of law, US criminal justice needs less democracy, fewer market mechanisms, and more law.

Toward A Truly Free Market

Author: John Medaille
Publisher: Open Road Media
ISBN: 1497644364
Size: 44.69 MB
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For three decades free-market leaders have tried to reverse longstanding Keynesian economic policies, but have only produced larger government, greater debt, and more centralized economic power. So how can we achieve a truly free-market system, especially at this historical moment when capitalism seems to be in crisis? The answer, says John C. Médaille, is to stop pretending that economics is something on the order of the physical sciences; it must be a humane science, taking into account crucial social contexts. Toward a Truly Free Market argues that any attempt to divorce economic equilibrium from economic equity will lead to an unbalanced economy—one that falls either to ruin or to ruinous government attempts to redress the balance. In Toward a Truly Free Market, Médaille not only points out the problems, but also offers viable solutions, showing how we can: Slash the federal budget by half Reduce the tax code from nine million words to a couple of pages Drastically curb the government’s sprawling bureaucracy Manage natural resources safely, while cutting the budget in half End the bailouts Really reform the health care system And much more In Toward a Truly Free Market, Médaille makes a refreshingly clear case for the economic theory—and practice—known as distributism. Unlike many of his fellow distributists, who argue primarily from moral terms, Médaille enters the economic debate on purely economic terms.

The Spirit Of Philadelphia

Author: Alain Supiot
Publisher: Verso Books
ISBN: 9781844677542
Size: 73.72 MB
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Examining the 1944 Declaration of Philadelphia--a full-fledged social bill of rights--the author argues that this Declaration remains an important baseline to uphold social values and the spirit of solidarity.

Fair Trade From The Ground Up

Author: April Linton
Publisher: University of Washington Press
ISBN: 029580419X
Size: 74.22 MB
Format: PDF
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Fair Trade promises to raise living standards in developing countries through: - worldwide minimum prices for commodities - support for democratically governed cooperatives - requirement of minimum wages and safety standards for workers - training to help producers improved quality and develop business skills - encouragement of eco-friendly practices - third-party certification In contrast to the free trade status quo, Fair Trade relies on informed consumers to choose more direct supply chains that minimize the role of middlemen, offering economic justice and social change as a viable and sustainable alternative to charity. But does it work? Fair Trade from the Ground Up documents achievements at both the producer and the consumer ends of commodity chains and assesses prospects for future growth. From Guatemalan coffee farmers to student activists on U.S. college campuses, the stories of individuals inform April Linton's analysis. Drawing on studies by social scientists and economists, as well as on new case studies, she provides balanced answers to hard questions: How can large institutions be persuaded to commit to using Fair Trade suppliers? Does ethical consumerism work? Are the "social premiums" that are built into Fair Trade prices really being used for community projects? Will Fair Trade market growth reach the scale of organics or green products? This book meets a long-felt need among economic-justice activists, consumer groups, and academics for a reliable qualitative and quantitative overview of achievements of the Fair Trade movement.

Brewing Justice

Author: Daniel Jaffee
Publisher: Univ of California Press
ISBN: 0520282248
Size: 79.81 MB
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Fair trade is a fast-growing alternative market intended to bring better prices and greater social justice to small farmers around the world. But what does a fair-trade label signify? This vivid study of coffee farmers in Mexico offers the first thorough investigation of the social, economic, and environmental benefits of fair trade. Based on extensive research in Zapotec indigenous communities in Oaxaca, Brewing Justice follows the members of the cooperative Michiza, whose organic coffee is sold on the international fair-trade market, and compares them to conventional farming families in the same region. The book carries readers into the lives of coffee-producer households and communities, offering a nuanced analysis of fair trade’s effects on everyday life and the limits of its impact. Brewing Justice paints a clear picture of the dynamics of the fair-trade market and its relationship to the global economy. Drawing on interviews with dozens of fair-trade leaders, the book also explores the movement’s fraught politics, especially the challenges posed by rapid growth and the increased role of transnational corporations. It concludes with recommendations to strengthen and protect the integrity of fair trade. This updated edition includes a substantial new chapter that assesses recent developments in both coffee-growing communities and movement politics, offering a guide to navigating the shifting landscape of fair-trade consumption.