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Author: Nathan B. Oman
Publisher: University of Chicago Press
ISBN: 022641566X
Category : Law
Languages : en
Pages : 312
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Book Description
Why should the law care about enforcing contracts? We tend to think of a contract as the legal embodiment of a moral obligation to keep a promise. When two parties enter into a transaction, they are obligated as moral beings to play out the transaction in the way that both parties expect. But this overlooks a broader understanding of the moral possibilities of the market. Just as Shakespeare’s Shylock can stand on his contract with Antonio not because Antonio is bound by honor but because the enforcement of contracts is seen as important to maintaining a kind of social arrangement, today’s contracts serve a fundamental role in the functioning of society. With The Dignity of Commerce, Nathan B. Oman argues persuasively that well-functioning markets are morally desirable in and of themselves and thus a fit object of protection through contract law. Markets, Oman shows, are about more than simple economic efficiency. To do business with others, we must demonstrate understanding of and satisfy their needs. This ability to see the world from another’s point of view inculcates key virtues that support a liberal society. Markets also provide a context in which people can peacefully cooperate in the absence of political, religious, or ideological agreement. Finally, the material prosperity generated by commerce has an ameliorative effect on a host of social ills, from racial discrimination to environmental destruction. The first book to place the moral status of the market at the center of the justification for contract law, The Dignity of Commerce is sure to elicit serious discussion about this central area of legal studies.
Author: Nathan B. Oman
Publisher: University of Chicago Press
ISBN: 022641566X
Category : Law
Languages : en
Pages : 312
Get Book
Book Description
Why should the law care about enforcing contracts? We tend to think of a contract as the legal embodiment of a moral obligation to keep a promise. When two parties enter into a transaction, they are obligated as moral beings to play out the transaction in the way that both parties expect. But this overlooks a broader understanding of the moral possibilities of the market. Just as Shakespeare’s Shylock can stand on his contract with Antonio not because Antonio is bound by honor but because the enforcement of contracts is seen as important to maintaining a kind of social arrangement, today’s contracts serve a fundamental role in the functioning of society. With The Dignity of Commerce, Nathan B. Oman argues persuasively that well-functioning markets are morally desirable in and of themselves and thus a fit object of protection through contract law. Markets, Oman shows, are about more than simple economic efficiency. To do business with others, we must demonstrate understanding of and satisfy their needs. This ability to see the world from another’s point of view inculcates key virtues that support a liberal society. Markets also provide a context in which people can peacefully cooperate in the absence of political, religious, or ideological agreement. Finally, the material prosperity generated by commerce has an ameliorative effect on a host of social ills, from racial discrimination to environmental destruction. The first book to place the moral status of the market at the center of the justification for contract law, The Dignity of Commerce is sure to elicit serious discussion about this central area of legal studies.
Author: Harry Gordon Selfridge
Publisher: London : J. Lane ; New York : J. Lane Company
ISBN:
Category : Commerce
Languages : en
Pages : 662
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Book Description
Author: Deirdre N. McCloskey
Publisher: University of Chicago Press
ISBN: 0226556743
Category : Business & Economics
Languages : en
Pages : 588
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Book Description
Arguing that the biggest economic story of our times is how China & India have embraced neoliberalism, Deirdre McCloskey suggests that economic change depends less on foreign trade, investment or material causes, & a whole lot more on ideas & what people believe.
Author: Robert S. Taylor
Publisher: Oxford University Press
ISBN: 0198798733
Category : Political Science
Languages : en
Pages : 143
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Book Description
How can citizens best protect themselves from the arbitrary power of abusive spouses, tyrannical bosses, and corrupt politicians? Exit Left makes the case that in each of these three spheres the answer is the same: exit. By promoting open and competitive markets and providing the information and financial resources necessary to enable exit, the book argues that this can empower people's voices and offer them an escape from abuse and exploitation. This will advance a conception of freedom, viz. freedom as non-domination (FND), which is central to contemporary republican thought. Neo-republicans have typically promoted FND through constitutional means (separation of powers, judicial review, the rule of law, and federalism) and participatory ones (democratic elections and oversight), but this book focuses on economic means, ones that have been neglected by contemporary republicans but were commonly invoked in the older, commercial-republican tradition of Alexander Hamilton, Immanuel Kant, and Adam Smith. Just as Philip Pettit and other neo-republicans have revived and revised classical republicanism, so this book will do the same for commercial republicanism. This revival will enlarge republican practice by encouraging greater use of market mechanisms, even as it hews closely to existing republican theory.
Author: James Burgh
Publisher:
ISBN:
Category : Conduct of life
Languages : en
Pages : 438
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Book Description
Author: President's Council on Bioethics (U.S.)
Publisher: U.S. Independent Agencies and Commissions
ISBN:
Category : Business & Economics
Languages : en
Pages : 588
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Book Description
Contains a collection of essays exploring human dignity and bioethics, a concept crucial to today's discourse in law and ethics in general and in bioethics in particular.
Author: Deirdre Nansen
Publisher: University of Chicago Press
ISBN: 0226556670
Category : Business & Economics
Languages : en
Pages : 637
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Book Description
For a century and a half, the artists and intellectuals of Europe have scorned the bourgeoisie. And for a millennium and a half, the philosophers and theologians of Europe have scorned the marketplace. The bourgeois life, capitalism, Mencken’s “booboisie” and David Brooks’s “bobos”—all have been, and still are, framed as being responsible for everything from financial to moral poverty, world wars, and spiritual desuetude. Countering these centuries of assumptions and unexamined thinking is Deirdre McCloskey’s The Bourgeois Virtues, a magnum opus that offers a radical view: capitalism is good for us. McCloskey’s sweeping, charming, and even humorous survey of ethical thought and economic realities—from Plato to Barbara Ehrenreich—overturns every assumption we have about being bourgeois. Can you be virtuous and bourgeois? Do markets improve ethics? Has capitalism made us better as well as richer? Yes, yes, and yes, argues McCloskey, who takes on centuries of capitalism’s critics with her erudition and sheer scope of knowledge. Applying a new tradition of “virtue ethics” to our lives in modern economies, she affirms American capitalism without ignoring its faults and celebrates the bourgeois lives we actually live, without supposing that they must be lives without ethical foundations. High Noon, Kant, Bill Murray, the modern novel, van Gogh, and of course economics and the economy all come into play in a book that can only be described as a monumental project and a life’s work. The Bourgeois Virtues is nothing less than a dazzling reinterpretation of Western intellectual history, a dead-serious reply to the critics of capitalism—and a surprising page-turner.
Author: Andrew S. Gold
Publisher: Oxford Legal Philosophy
ISBN: 0198814402
Category : Law
Languages : en
Pages : 257
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Book Description
The Right of Redress advances the discussion of corrective justice in private law by refocusing the reversal of transactions away from the prevailing account of the wrongdoer's remedial duty and toward the right of an individual to obtain redress, what the author terms 'redressive justice'.
Author: Edward Wayne Younkins
Publisher: Lexington Books
ISBN: 9780739103814
Category : Business & Economics
Languages : en
Pages : 386
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Book Description
In Capitalism and Commerce, Edward Younkins provides a clear and accessible introduction to the best moral and economic arguments for capitalism. Drawn from over a decade of business school teaching, Younkins's work offers the student of political economy and the educated layperson a clear, systematic treatment of the philosophical concepts that underpin the idea of capitalism and the business, legal, and political institutions that impact commercial enterprises. Divided into seven parts, the work discusses capitalism and morality; individuals, communities, and the role of the state; private and corporate ownership; entrepreneurship and technological progress; law, justice, and corporate governance; and the obstacles to a free market and limited government.
Author: James R. Otteson
Publisher: Oxford University Press
ISBN: 0190914238
Category : Business & Economics
Languages : en
Pages : 304
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Book Description
Business has a bad name for many people. It is easy to point to unethical and damaging behavior by companies. And it may seem straightforward to blame either indivuduals or, more generally, ruthless markets and amoral commercial society. In Honorable Business, James R. Otteson argues that business activity can be valuable in itself. The primary purpose of honorable businesses is to create value-for all parties. They look for mutually voluntary and mutually beneficial transactions, so that all sides of any exchange benefit, leading to increasing prosperity not just for one person or for one group at the expense of others but simultaneously for everyone involved. Done correctly, honorable business is a positive-sum activity that can enable flourishing for individuals and prosperity for society. Otteson connects honorable business with the political, economic, and cultural institutions that contribute to a just and humane society. He builds on Aristotle's conception of human beings as purposive creatures who are capable of constructing a plan for their lives that gives them a chance of achieving the highest good for humanity, focusing on autonomy and accountability, as well as good moral judgment. This good judgment can enable us to answer the why of what we do, not just the how. He also draws on Adam Smith's moral philosophy and political economy, and argues that Smithian institutions have played a significant role in the remarkable increase in worldwide prosperity we have seen over the last two hundred years. Otteson offers a pragmatic Code of Business Ethics, linked to a specific conception of professionalism, and defends this Code on the basis of a moral mandate to use one's limited resources of time, talent, and treasure to provide value for oneself only by simultaneously providing value to others. The result is well-articulated parameters within which business can be an acceptable-perhaps even praiseworthy-activity.
