scholarly journals Ekonominė teisės analizė (susiformavimas)

Teisė ◽  
2012 ◽  
Vol 83 ◽  
pp. 220-233
Author(s):  
Donatas Murauskas
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Economic Analysis ◽  
Crucial Role ◽  
Law And Economics ◽  
Law School ◽  
Economic Analysis Of Law ◽  
Legal Doctrine ◽  
Second Wave

Straipsnyje yra pateikiamos Lietuvoje plačiai neanalizuotos ekonominės teisės analizės paradigmos ištakos ir pirmieji žingsniai. Konstatuojamas lemiamas utilitarizmo vaidmuo besiformuojančiai paradigmai. Pateikiamos ekonominei teisės analizei susiformuoti aktualios teisės mąstytojų įžvalgos. Taip pat analizuojami svarbesni paradigmos susikūrimo žingsniai nuo nesėkmingo pirmojo etapo XIX a. – XX a. pr. iki revoliucinių darbų XX a. vid., kai Čikagos teisės mokykloje aktyvūs ginčai dėl konkurencijos teisės turinio tapo atskaitos tašku ekonominiu mąstymu pagrįstoms idėjoms iš konkurencijos teisės plisti ir į kitas teisės sritis. The article provides insights on origins and first steps of the foundation of Economic Analysis of Law – paradigm which has not been observed sufficiently in Lithuanian legal doctrine. Crucial role of utiliarianism in the emerging paradigm is stated. Other fundamental ideas towards relation between law and economics of classic scholars are provided. More important steps of the foundation of the paradigm are discussed: from the failure of institutionalism movement (first period from nineteenth century to the twentieth century) to the revolutionary works of Chicago Law School and other scholars of a second wave (twentieth century).

Of Law and Economics and Economic Analysis of Law: The Role of the Lawyer

Global Jurist ◽  
2019 ◽  
Vol 19 (3) ◽  
Author(s):  
Guido Calabresi
Keyword(s):  
Economic Analysis ◽  
Law And Economics ◽  
Economic Analysis Of Law ◽  
Yale University ◽  
The Future

Abstract This is the first chapter of The Future of Law and Economics: Essays in Reform and Recollection by Guido Calabresi, first published by Yale University Press in 2016.

Comparative Law and Economic Analysis of Law

2019 ◽  
pp. 825-851 ◽  
Author(s):  
Florian Faust
Keyword(s):  
Economic Analysis ◽  
Subject Matter ◽  
Law And Economics ◽  
Comparative Law ◽  
Case Law ◽  
The Other ◽  
Economic Analysis Of Law ◽  
The Subject ◽  
The Relationship

This chapter discusses the relationship between comparative law and economic analysis of law. After providing an overview of the characteristics of the economic analysis of law, it explains how one of the two disciplines can operate as an ancillary discipline to the other; this has been termed ‘Comparative Law and Economics’. The next section describes how comparative law and economic analysis of law can be brought together by making one discipline the subject matter of the other. It suggests that the role of economic analysis of law may be greater in case law systems than in codified systems and that this role may vary according to the subject of legislation. The section concludes with considerations on the role comparative law plays and should play in different contexts. Finally, it is argued that comparative law and economics should not be considered a discipline on its own.

scholarly journals Islamization, Gentrification and Domestication: ‘A Girls’ Islamic Course' and Rural Muslims in Western Uttar Pradesh

2004 ◽  
Vol 38 (1) ◽  
pp. 1-53 ◽  
Author(s):  
Patricia Jeffery ◽  
Roger Jeffery ◽  
Craig Jeffrey
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Crucial Role ◽  
Uttar Pradesh ◽  
Religious Practice ◽  
North India ◽  
September 11Th ◽  
Early Twentieth Century ◽  
Shed Light

Girls' education has been enduringly controversial in north India, and the disputes of the second half of the nineteenth century and early twentieth century still echo in debates about girls' education in contemporary India. In this paper, we reflect on the education of rural Muslim girls in contemporary western Uttar Pradesh (UP), by examining an Islamic course for girls [Larkiyon kā Islālmī Course], written in Urdu and widely used in madrasahs there. First, we summarize the central themes in the Course: purifying religious practice; distancing demure, self-controlled, respectable woman from the lower orders; and the crucial role of women as competent homemakers. Having noted the conspicuous similarities between these themes and those in the nineteenth and early twentieth-century textbooks and advice manuals for girls and women, the second section examines the context in which the earlier genre emerged. Finally, we return to the present day. Particularly since September 11th 2001, madrasahs have found themselves the focus of hostile allegations that bear little or no relationship to the activities of the madrasahs that we studied. Nevertheless, madrasah education does have problematic implications. The special curricula for girls exemplifies how a particular kind of élite project has been sustained and transformed, and we aim to shed light on contemporary communal and class issues as well as on gender politics.

scholarly journals Introduction

2021 ◽  
pp. 1-19
Author(s):  
Jean-Michel Johnston
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Middle Class ◽  
Crucial Role ◽  
National Identities ◽  
Time Space ◽  
Scientific Innovation ◽  
State And Society ◽  
Space Compression

The Introduction presents the historiographical context and main themes of the book. It situates the book within discussions surrounding the process of scientific innovation and industrialization during the Sattelzeit, the process of ‘time-space’ compression associated with the communications revolution, the role of networks of transport and communication in the creation of regional and national identities, and the emergence of a new, connected middle class during the nineteenth century. Bringing together these narratives, the Introduction introduces the book’s principal argument—that, once shorn of its normative connotations, modernization remains a useful concept to illuminate the process through which state and society were transformed during the nineteenth century, and that networks played a crucial role in producing the profoundly ambivalent experience of modernity most often associated with the turn of the twentieth century. It ends with a description of the structure of the book as a whole.

Book Reviews

2016 ◽  
Vol 54 (2) ◽  
pp. 600-601
Keyword(s):  
Economic Analysis ◽  
Law And Economics ◽  
The United States ◽  
Law School ◽  
Professor Emeritus ◽  
Economic Analysis Of Law ◽  
Liability Rule ◽  
For Profit ◽  
Not For Profit ◽  
Merit Goods

Eric Posner of University of Chicago Law School reviews “The Future of Law and Economics: Essays in Reform and Recollection,” by Guido Calabresi. The Econlit abstract of this book begins: “Distinguishes between law and economics, exemplified by John Stuart Mill, and economic analysis of law, exemplified by Jeremy Bentham, in order to consider the meaning of merit goods, the perdurance and proper analysis of altruism and of not-for-profit institutions, the use of the liability rule, and what economics says about the validity and the shaping of tastes and values. Discusses law and economics and the economic analysis of law—the role of the lawyer; merit goods — commodification and commandification; merit goods and inequality; merit goods generally — specific applications and concluding thoughts; altruism, beneficence, and not-for-profit institutions; the relationship of markets and command in the liability role; how tastes and values are ignored; and tastes and values — what economics can tell us about them. Calabresi is a senior judge on the United States Court of Appeals for the Second Circuit and Sterling Professor Emeritus at Yale Law School.”

Contract Law Without Foundations

2019 ◽  
Author(s):  
Prince Saprai
Keyword(s):  
Economic Analysis ◽  
Contract Law ◽  
Political Context ◽  
Point Of View ◽  
Economic Analysis Of Law ◽  
Top Down ◽  
Legal Doctrine ◽  
Moral Principles

In recent times, the philosophy of contract law has been dominated by the ‘promise theory’, according to which the morality of promise provides a ‘blueprint’ for the structure, shape, and content that contract law rules and doctrines should take. The promise theory is an example of what this book calls a ‘foundationalist’ theory of an area of law, according to which areas of law reflect or are underlain by particular moral principles or sets of such principles. The book argues that the promise theory is false, by considering contract law from the point of view of its theory, rules, and doctrines and broader political context. The book claims that ‘top-down’ theories of contract law such as the promise theory and its bitter rival the economic analysis of law seriously mishandle legal doctrine by ignoring or underplaying the irreducible plurality of values that shape contract law. The book defends the role of this multiplicity of values in forging contract doctrine, by developing from the ‘ground-up’ a radical and distinctly republican reinterpretation of the field.

Behavioral Law and Economics

2018 ◽  
Author(s):  
Eyal Zamir ◽  
Doron Teichman
Keyword(s):  
Economic Analysis ◽  
Bounded Rationality ◽  
Law And Economics ◽  
Empirical Studies ◽  
Securities Regulation ◽  
Critical Examination ◽  
Entire Body ◽  
Economic Analysis Of Law ◽  
Behavioral Law And Economics ◽  
The Impact

In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality. While the findings on bounded rationality and heuristics and biases were initially perceived as antithetical to standard economic and legal-economic analysis, over time they have been largely integrated into mainstream economic analysis, including economic analysis of law. Moreover, the impact of behavioral insights has long since transcended purely economic analysis of law: in recent years, the behavioral movement has become one of the most influential developments in legal scholarship in general. Behavioral Law and Economics offers a state-of-the-art overview of the field. The book surveys the entire body of psychological research underpinning behavioral analysis of law, and critically evaluates the core methodological questions of this area of research. The book then discusses the fundamental normative questions stemming from the psychological findings on bounded rationality, and explores their implications for establishing the aims of legislation, and the means of attaining them. This is followed by a systematic and critical examination of the contributions of behavioral studies to all major fields of law—property, contracts, consumer protection, torts, corporate, securities regulation, antitrust, administrative, constitutional, international, criminal, and evidence law—as well as to the behavior of key players in the legal arena: litigants and judicial decision-makers.

Adventism, Apocalyptic, and the Cause of Liberty

1994 ◽  
Vol 63 (2) ◽  
pp. 235-249
Author(s):  
Douglas Morgan
Keyword(s):  
Nineteenth Century ◽  
Crucial Role ◽  
Driving Force ◽  
Late Nineteenth Century ◽  
The Past ◽  
Conservative Protestantism ◽  
Late Nineteenth

“I have felt like working three times as hard as ever since I came to understand that my Lord was coming back again,” reported revivalist Dwight L. Moody, the most prominent of nineteenth-century premillennialists. Moody's testimony to the motivating power of premillennialism points to the crucial role of that eschatology in conservative Protestantism since the late nineteenth century—a role delineated by several studies within the past twenty-five years. As a comprehensive interpretation of history which gives meaning and pattern to past, present, and future, and a role for the believer in the outworking of the divine program, premillennialism has been a driving force in the fundamentalistand evangelical movements.

scholarly journals Commercial Foot Soldiers of the Empire: Foreign Merchant Politics in Tampico, Mexico, 1861-1866

1990 ◽  
Vol 46 (3) ◽  
pp. 291-314
Author(s):  
John D. French
Keyword(s):  
Nineteenth Century ◽  
Case Studies ◽  
Current Literature ◽  
Crucial Role ◽  
Political Life ◽  
Port Cities ◽  
Detailed Case ◽  
Central Arena ◽  
Foreign Merchants

During the period from Mexican independence in 1821 to the end of the French intervention in 1867, Mexico's primary tie to the outside world was based on trade. The foreign merchants, who monopolized this activity, played a crucial role in the economic, diplomatic, and political life of Mexico. The current literature on these nineteenth century merchants includes studies of foreign groups, such as the French, detailed case studies of individual entrepreneurs, firms and merchant families, and one work that provides a unique state-centered perspective on the Mexican/merchant nexus. None, however, have tried to conceptualize the role of foreign merchants as a whole, across national lines and individual rivalries, in the port cities that were the central arena of contact and conflict with the outside world.

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