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Law, Legislation and Liberty

Philosophy 57 (220):274-278 (1982)

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  1. The social order of markets.Jens Beckert - 2009 - Theory and Society 38 (3):245-269.
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  • Capitalism Vs. Corporatism.Edmund S. Phelps - 2009 - Critical Review: A Journal of Politics and Society 21 (4):401-414.
    ABSTRACT There are, at present, at least two basic forms of market economy: one that tends to be open to innovative ideas; the other that tends to be more oriented to social services. The normative significance of these two “models” of market society—roughly speaking, the American and the Continental models—can best be appreciated by noticing that in the first model, entrepreneurship, and participation in the economy more generally, can be a major source of satisfaction for the entrepreneurs and employees, independently (...)
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  • Should We Draw a Line Between Business And Ethics?Yusuke Kaneko - 2011 - The ACERP 2011 Conference Proceedings 1 (1):195-208.
    Referring to the difference between Stakeholder Theory and Shareholder Theory, the ethical direction for companies to take is deeply discussed.
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  • O sprawiedliwości.Halina Šimo - 2009 - Katowice: Uniwersytet Śląski.
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  • Giochi di anarchia. Beni pubblici, teoria dei giochi e anarco-liberalismo.Gustavo Cevolani & Roberto Festa - 2011 - Nuova Civiltà Delle Macchine 29 (1-2):163-180.
    The paper focuses on Anthony de Jasay's "anarcho-liberalism" as based oon his game-theoretic approach to the problem of public goods provision.
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  • Shall We Vote on Values, But Bet on Beliefs?Robin Hanson - 2013 - Journal of Political Philosophy 21 (2):151-178.
    Policy disputes arise at all scales of governance: in clubs, non-profits, firms, nations, and alliances of nations. Both the means and ends of policy are disputed. While many, perhaps most, policy disputes arise from conflicting ends, important disputes also arise from differing beliefs on how to achieve shared ends. In fact, according to many experts in economics and development, governments often choose policies that are “inefficient” in the sense that most everyone could expect to gain from other feasible policies. Many (...)
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  • Capitalism in the Classical and High Liberal Traditions.Samuel Freeman - 2011 - Social Philosophy and Policy 28 (2):19-55.
    Liberalism generally holds that legitimate political power is limited and is to be impartially exercised, only for the public good. Liberals accordingly assign political priority to maintaining certain basic liberties and equality of opportunities; they advocate an essential role for markets in economic activity, and they recognize government's crucial role in correcting market breakdowns and providing public goods. Classical liberalism and what I call “the high liberal tradition” are two main branches of liberalism. Classical liberalism evolved from the works of (...)
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  • Responsibility and School Choice in Education.Ben Colburn - 2012 - Journal of Philosophy of Education 46 (2):207-222.
    Consider the following argument for school choice, based on an appeal to the virtues of the market: allowing parents some measure of choice over their particular children's education ultimately serves the interests of all children, because creating a market mechanism in state education will produce improvements through the same pressures that lead to greater efficiency and quality when markets are deployed in more familiar contexts. The argument fails, because it is committed to a principle of equal concern, which implies that (...)
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  • Liberalism and fear of violence.Bruce Buchan - 2001 - Critical Review of International Social and Political Philosophy 4 (3):27-48.
    Liberal political thought is underwritten by an enduring fear of civil and state violence. It is assumed within liberal thought that self?interest characterises relations between individuals in civil society, resulting in violence. In absolutist doctrines, such as Hobbes?, the pacification of private persons depended on the Sovereign's command of a monopoly of violence. Liberals, by contrast, sought to claim that the state itself must be pacified, its capacity for cruelty (e.g., torture) removed, its capacity for violence (e.g., war) reduced and (...)
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  • Scientific Historiography Revisited: An Essay on the Metaphysics and Epistemology of History.Aviezer Tucker - 1998 - Dialogue 37 (2):235-.
    RÉSUMÉ: La pragmatique et la sémantique de l’historiographie révèlent une fragmentation croissante qui s’étend par-delà les écoles jusqu’aux historiens individuels. Alors que les scientifiques normalisent les données pour qu’elles s’ajustent aux théories, les historiens interprètent leurs théories, de manières incompatibles entre elles, pour qu’elles s’ajustent aux différents cas historiques. Les difficultés qui en découlent dans la communication historiographique remettent en cause les philosophies herméneutiques de l’historiographie et redonnent un nouvel intérêt à la question d’une historiographie scientifique. Mais les réponses existantes (...)
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  • Kuhn's Risk-Spreading Argument and The Organization of Scientific Communities.Fred D'Agostino - 2005 - Episteme 1 (3):201-209.
    One of Thomas Kuhn's profoundest arguments is introduced in the 1970 “Postscript” to The Structure of Scientific Revolutions . Kuhn is discussing the idea of a “disciplinary matrix” as a more adequate articulation of the “paradigm” notion he'd introduced in the first, 1962, edition of his famous work . He notes that one “element” of disciplinary matrices is likely to be common to most or even all such matrices, unlike the other elements which serve to distinguish specific disciplines and sub-disciplines (...)
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  • Do we need mechanisms in the social sciences?Julian Reiss - 2007 - Philosophy of the Social Sciences 37 (2):163-184.
    A recent movement in the social sciences and philosophy of the social sciences focuses on mechanisms as a central analytical unit. Starting from a pluralist perspective on the aims of the social sciences, I argue that there are a number of important aims to which knowledge about mechanisms—whatever their virtues relative to other aims—contributes very little at best and that investigating mechanisms is therefore a methodological strategy with fairly limited applicability. Key Words: social science • mechanisms • explanation • critical (...)
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  • Competition as an ambiguous discovery procedure: A reappraisal of F. A. Hayek's epistemic market liberalism: Ulrich Witt.Ulrich Witt - 2013 - Economics and Philosophy 29 (1):121-138.
    Epistemic arguments play a significant role in the foundations of market liberalism as exemplified, in particular, by the work of F. A. Hayek. Competition in free markets is claimed to be the most effective device both to utilize the knowledge dispersed throughout society as well as create new knowledge through innovation competition. The fast pace with which new economic opportunities are discovered and costs are reduced is considered proof of the benefits of free markets to the common good. However, with (...)
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  • Rethinking democracy and education: Essay review of John Burnheim's, Is democracy possible?J. C. Walker - 1987 - Educational Philosophy and Theory 19 (1):57-60.
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  • No Malibu Surfer Left Behind: Three Tales About Market Coercion.Åsbjørn Melkevik - 2017 - Business Ethics Quarterly 27 (3):335-351.
    This article examines the question of private coercion in market societies, arguing for an unconditional basic income guarantee from a classical liberal viewpoint. It proposes three main arguments. First, classical liberals view the purpose of government to be the reduction of coercion, both public and private. Second, a proper understanding of the nature of coercion indicates that parties subject to certain types of hardship are being coerced. Third, where the total amount of coercion is reduced by eliminating the hardship, the (...)
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  • The invisible hand of natural selection, and vice versa.Toni Vogel Carey - 1998 - Biology and Philosophy 13 (3):427-442.
    Building on work by Popper, Schweber, Nozick, Sober, and others in a still-growing literature, I explore here the conceptual kinship between Adam Smith''s ''invisible hand'' and Darwinian natural selection. I review the historical ties, and examine Ullman -Margalit''s ''constraints'' on invisible-hand accounts, which I later re-apply to natural selection, bringing home the close relationship. These theories share a ''parent'' principle, itself neither biological no politico-economic, that collective order and well-being can emerge parsimoniously from the dispersed action of individuals. The invisible (...)
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  • Efficacité et moralité. Une analyse économique des conventions morales.Louis Corriveau - 1997 - Dialogue 36 (3):469-488.
    We expound an economic explanation of the nature, causes, and effects of moral conventions. We show, first, that systems of moral rules lead to Pareto-efficiency; second, that the efficiency they induce may be interpreted as the outcome of an exchange of courtesies; third, and finally, that moral exchange takes place whenever the costs of transaction are sufficiently low. We also explain various phenomena, including the diversity of moral rules in time and space. Finally, we give sufficient conditions for universal moral (...)
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  • The Postmodern Moments of F. A. Hayek'S Economics.Theodore A. Burczak - 1994 - Economics and Philosophy 10 (1):31-58.
    Postmodernism is often characterized, among other things, as the belief in the unattainability of objective truth and as a rejection of teleological and reductionist, or essentialist, forms of thought. For instance, in his provocative book The Rhetoric of Economics, Donald McCloskey sketches the implications for economic methodology of Richard Rorty's rejection of the modernist quest for Truth, as represented by various rationalist and empiricist epistemologies. McCloskey describes modernist methodology as displaying a desire to predict and control, a search for objective–;which (...)
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  • Introduction: Agents and norms: How to fill the gap? [REVIEW]Rosaria Conte, Rino Falcone & Giovanni Sartor - 1999 - Artificial Intelligence and Law 7 (1):1-15.
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  • Knowledge and Communication in Democratic Politics: Markets, Forums and Systems.Jonathan Benson - 2019 - Political Studies 67 (2):422-439.
    Epistemic questions have become an important area of debate within democratic theory. Epistemic democrats have revived epistemic justification of democracy, while social scientific research has speared a significant debate on voter knowledge. An area which has received less attention, however, is the epistemic case for markets. Market advocates have developed a number of epistemic critiques of democracy which suggest that most goods are better provided by markets than democratic institutions. Despite representing important challenges to democracy, these critiques have gone without (...)
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  • The puzzle of competitive fairness.Oisin Suttle - 2022 - Politics, Philosophy and Economics 21 (2):190-227.
    Politics, Philosophy & Economics, Volume 21, Issue 2, Page 190-227, May 2022. There is a sense of fairness that is distinctive of markets. This is fairness among economic competitors, competitive fairness. We regularly make judgments of competitive fairness about market participants, public policies and institutions. However, it is not clear to what these judgments refer, or what moral significance they have. This paper offers a rational reconstruction of competitive fairness in terms of non-domination. It first identifies competitive fairness as a (...)
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  • The Human Factor in the Settlement of the Moon: An Interdisciplinary Approach.Margaret Boone Rappaport & Konrad Szocik (eds.) - 2021 - New York, NY: Springer.
    Approaching the settlement of our Moon from a practical perspective, this book is well suited for space program planners. It addresses a variety of human factor topics involved in colonizing Earth's Moon, including: history, philosophy, science, engineering, agriculture, medicine, politics & policy, sociology, and anthropology. Each chapter identifies the complex, interdisciplinary issues of the human factor that arise in the early phases of settlement on the Moon. Besides practical issues, there is some emphasis placed on preserving, protecting, and experiencing the (...)
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  • The Social Construction of Legal Norms.Kirk Ludwig - 2020 - In Rachael Mellin, Raimo Tuomela & Miguel Garcia-Godinez (eds.), Social Ontology, Normativity and Law. Berlin, Germany: De Gruyter. pp. 179-208.
    Legal norms are an invention. This paper advances a proposal about what kind of invention they are. The proposal is that legal norms derive from rules which specify role functions in a legal system. Legal rules attach to agents in virtue of their status within the system in which the rules operate. The point of legal rules or a legal system is to solve to large scale coordination problems, specifically the problem of organizing social and economic life among a group (...)
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  • Aspectos metafísicos na física de Newton: Deus.Bruno Camilo de Oliveira - 2011 - In Luiz Henrique de Araújo Dutra & Alexandre Meyer Luz (eds.), Coleção rumos da epistemologia. pp. 186-201.
    CAMILO, Bruno. Aspectos metafísicos na física de Newton: Deus. In: DUTRA, Luiz Henrique de Araújo; LUZ, Alexandre Meyer (org.). Temas de filosofia do conhecimento. Florianópolis: NEL/UFSC, 2011. p. 186-201. (Coleção rumos da epistemologia; 11). Através da análise do pensamento de Isaac Newton (1642-1727) encontramos os postulados metafísicos que fundamentam a sua mecânica natural. Ao deduzir causa de efeito, ele acreditava chegar a uma causa primeira de todas as coisas. A essa primeira causa de tudo, onde toda a ordem e leis (...)
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  • Global Individualism and Group Agency.Aluizio Couto - 2021 - Philosophia 51 (1):1-20.
    I argue that there are liberal reasons to reject what I call “Global Individualism”, which is the conjunction of two views strongly associated with liberalism: moral individualism and social individualism. According to the first view, all moral properties are reducible to individual moral properties. The second holds that the social world is composed only of individual agents. My argument has the following structure: after suggesting that Global Individualism does not misrepresent liberalism, I draw on some recent insights in social ontology (...)
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  • (1 other version)Spontaneous order and civilization: Burke and Hayek on markets, contracts and social order.Gregory M. Collins - 2021 - Philosophy and Social Criticism 48 (3):386-415.
    Philosophy & Social Criticism, Volume 48, Issue 3, Page 386-415, March 2022. In light of a growing body of scholarship that has cast doubt on the analytic import of spontaneous order, the purpose of my article is to rethink the intellectual relationship between Edmund Burke and Friedrich Hayek by suggesting that reading spontaneous order into Burke’s thought introduces greater tensions between the two thinkers than prior scholars have suggested. One crucial tension, I suggest, is that Hayek believed that contractual arrangements, (...)
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  • Philosophical Investigation Series: Selected Texts on Political Philosophy / Série Investigação Filosófica: Textos Selecionados de Filosofia Política.Everton Maciel (ed.) - 2021 - Pelotas: Editora da UFPel / NEPFIL Online.
    Nossa seleção de verbetes parte do interesse de cada pesquisador e os dispomos de maneira histórico-cronológica e, ao mesmo tempo, temática. O verbete de Melissa Lane, “Filosofia Política Antiga” vai da abrangência da política entre os gregos até a república e o império, às portas da cristianização. A “Filosofia Política Medieval”, de John Kilcullen e Jonathan Robinson, é o tópico que mais demanda espaço na nossa seleção em virtude das disputas intrínsecas ao período, da recepção de Aristóteles pelo medievo e (...)
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  • Neo-classical sociology: The prospects of social theory today.Frédéric Vandenberghe & Alain Caillé - 2016 - European Journal of Social Theory 19 (1):3-20.
    This article calls for a new theoretical synthesis that overcomes the fragmentation, specialization and professionalization within the social sciences. As an alternative to utilitarianism and the colonization of the social sciences by rational choice models, it proposes a new articulation of social theory, the Studies and moral, social and political philosophy. Based on a positive anthropology that finds its inspiration in Marcel Mauss’s classic essay on the gift, it recommends a return to classical social theory and explores articulations between theories (...)
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  • The entrepreneur of the self beyond Foucault’s neoliberal homo oeconomicus.Tim Christiaens - 2020 - European Journal of Social Theory 23 (4):493-511.
    In his lectures on neoliberalism, Michel Foucault argues that neoliberalism produces subjects as ‘entrepreneurs of themselves’. He bases this claim on Gary Becker’s conception of the utility-maximizing agent who solely acts upon cost/benefit-calculations. Not all neoliberalized subjects, however, are encouraged to maximize their utility through mere calculation. This article argues that Foucault’s description of neoliberal subjectivity obscures a non-calculative, more audacious side to neoliberal subjectivity. Precarious workers in the creative industries, for example, are encouraged not merely to rationally manage their (...)
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  • Hayek in Lawson's View: Positivism, Hermeneutics and Ontological Individualism.Agustina Borella - 2017 - Revista de Instituciones, Ideas y Mercado 66:1-29.
    In this paper we will analyze Lawson’s criticism of Hayek for not having transcended positivism. We will distinguish two levels in the criticism: methodological and ontological. So far as methodological criticism is concerned, we consider that Lawson’s positivist interpretation of Hayek regarding the method in economics is not the only possible, and we will try to develop another one. With respect to ontological criticism, we will state that though it is possible to understand Hayek as an ontological positivist, since he (...)
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  • Neo-classical liberalism, ‘market freedom’, and the right to private property.Gavin Kerr - 2023 - Critical Review of International Social and Political Philosophy 26 (6):855-876.
    Neo-classical liberals aim to offer a more consistent, coherent, and morally ambitious form of liberalism than the traditional classical and social liberal alternatives by providing grounds for a strong commitment to both individual economic liberty and social justice. The key neo-classical liberal claim is that the stringent protection of negative economic liberty does not conflict with, but is rather an essential component of, a commitment to political and social justice. My focus in this article is not on this key neo-classical (...)
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  • Conservation of behavioral diversity: on nudging, paternalism-induced monoculture, and the social value of heterogeneous beliefs and behavior.Nathan Berg & Yuki Watanabe - 2020 - Mind and Society 19 (1):103-120.
    Heterogeneous beliefs and decision processes generate positive externalities for social and economic systems, analogous to biodiversity in biological systems. Although some aspects of biodiversity (e.g., pests, parasites and bacteria) can lead to ecological and economic problems, biodiversity provides flows of beneficial ecological services and is widely regarded as a valuable natural resource and informational asset, whose value increases as we learn more and science progresses (Wilson in Bioscience 35(11):700–706, 1985). Heterogeneous beliefs and decision processes (and heterogeneous behaviors they generate) similarly (...)
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  • (1 other version)Conceptual aspects management of competitiveness the economic entities: collective monograph.M. Bezpartochnyi & I. Britchenko - 2019 - HIGHER SOCIO-ECONOMIC SCHOOL.
    The authors of the book have come to the conclusion that it is necessary to effectively use modern approaches the management of competitiveness the economic entities in order to increase the efficiency of using the resource potential, formation of competitive advantages and development strategies. Basic research focuses on economic diagnostics of ensuring the competitiveness of economic entities, marketing and logistics, analysis of energy-efficient potential, assessment of development potential. The research results have been implemented in the different models of inventory management, (...)
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  • Economic diagnostics in ensuring of competitiveness the economic entities.Igor Britchenko, Maksym Bezpartochnyi & Peter Jarosz - 2019 - In M. Bezpartochnyi & I. Britchenko (eds.), Conceptual aspects management of competitiveness the economic entities: collective monograph. HIGHER SOCIO-ECONOMIC SCHOOL. pp. 10-20.
    Modern business conditions require from economic entities to use appropriate methodological tools for assessing their activities. In economics science a fairly significant set of approaches, methods and techniques are now known that positively contribute to solving problems regarding ensure of competitiveness the economic entities. However, active influence of the internal and external environment on their activities, as well as the specificity of economic management the economic entities, requires the use of more effective methodological tools that can identify threats of the (...)
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  • (1 other version)Conceptual aspects management of competitiveness the economic entities: collective monograph.Igor Britchenko & Maksym Bezpartochnyi (eds.) - 2019 - Wyższa Szkoła Społeczno Gospodarcza w Przeworsku.
    The authors of the book have come to the conclusion that it is necessary to effectively use modern approaches the management of competitiveness the economic entities in order to increase the efficiency of using the resource potential, formation of competitive advantages and development strategies. Basic research focuses on economic diagnostics of ensuring the competitiveness of economic entities, marketing and logistics, analysis of energy-efficient potential, assessment of development potential. The research results have been implemented in the different models of inventory management, (...)
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  • Performing agency theory and the neoliberalization of the state.Tim Christiaens - 2020 - Critical Sociology 46 (3):393-411.
    According to Streeck and Vogl, the neoliberalization of the state has been the result of political-economic developments that render the state dependent on financial markets. However, they do not explain the discursive shifts that would have been required for demoting the state to the role of an agent to bondholders. I propose to explain this shift via the performative effect of neoliberal agency theory. In 1976, Michael Jensen and William Meckling claimed that corporate managers are agents to shareholding principals, which (...)
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  • Hayek’s vicarious secularization of providential theology.Tim Christiaens - 2018 - Philosophy and Social Criticism 45 (1):71-95.
    Friedrich Hayek’s defense of neoliberal free market capitalism hinges on the distinction between economies and catallaxies. The former are orders instituted via planning, whereas the latter are spontaneous competitive orders resulting from human action without human design. I argue that this distinction is based on an incomplete semantic history of “economy.” By looking at the meaning of “oikonomia” in medieval providential theology as explained by Giorgio Agamben and Joseph Vogl, I argue how Hayek’s science of catallactics is itself a secularization (...)
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  • Libertarianism after Nozick.Jason Brennan - 2018 - Philosophy Compass 13 (2):e12485.
    Robert Nozick's Anarchy, State, and Utopia made libertarianism a major theory in political philosophy. However, the book is often misread as making impractical, question‐begging arguments on the basis of a libertarian self‐ownership principle. This essay explains how academic philosophical libertarianism since Robert Nozick has returned to its humanistic, classical liberal roots. Contemporary libertarians largely work within the PPE (politics, philosophy, and economics) tradition and do what Michael Huemer calls “non‐ideal, non‐theory.” They more or less embrace rather than reject ideals of (...)
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  • Kant After Marx.S. M. Love - 2017 - Kantian Review 22 (4):579-598.
    While there are many points of opposition between the political philosophies of Marx and Kant, the two can greatly benefit from one another in various ways. Bringing the ideas of Marx and Kant together offers a promising way forward for each view. Most significantly, a powerful critique of capitalism can be developed from their combined thought: Kant’s political philosophy offers a robust idea of freedom to ground this critique, while Marx provides the nuanced understanding of social and political power structures (...)
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  • Collective and Individual Rationality: Some Episodes in the History of Economic Thought.Andy Denis - 2002 - Dissertation, City, University of London
    This thesis argues for the fundamental importance of the opposition between holistic and reductionistic world-views in economics. Both reductionism and holism may nevertheless underpin laissez-faire policy prescriptions. Scrutiny of the nature of the articulation between micro and macro levels in the writings of economists suggests that invisible hand theories play a key role in reconciling reductionist policy prescriptions with a holistic world. An examination of the prisoners' dilemma in game theory and Arrow's impossibility theorem in social choice theory sets the (...)
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  • Adaptive demarchy: a flexible model of deliberative democracy for an uncertain political context.Luke Benjamin Scott Zaphir - 2017 - Dissertation, The University of Queensland
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  • Foundational Paradigms of Social Sciences.Shiping Tang - 2011 - Philosophy of the Social Sciences 41 (2):211-249.
    When stripped to the bare bone, there are only 11 foundational paradigms in social sciences. These foundational paradigms are like flashlights that can be utilized to shed light on different aspects of human society, but each of them can only shed light on a limited area of human society. Different schools in social science result from different but often incomplete combinations of these foundational paradigms. To adequately understand human society and its history, we need to deploy all 11 foundational paradigms, (...)
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  • Euvoluntary or not, exchange is just*: Michael C. munger.Michael C. Munger - 2011 - Social Philosophy and Policy 28 (2):192-211.
    The arguments for redistribution of wealth, and for prohibiting certain transactions such as price-gouging, both are based in mistaken conceptions of exchange. This paper proposes a neologism, “euvoluntary” exchange, meaning both that the exchange is truly voluntary and that it benefits both parties to the transaction. The argument has two parts: First, all euvoluntary exchanges should be permitted, and there is no justification for redistribution of wealth if disparities result only from euvoluntary exchanges. Second, even exchanges that are not euvoluntary (...)
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  • Rand and the Austrians: The Ultimate Value and the Noninterference Principle.Kathleen Touchstone - 2015 - Libertarian Papers 7:169-204.
    This paper reviews some points of agreement between Objectivism and the Austrian school of economics. It also discusses some of my points of departure with Objectivism. One such is Rand’s justification for holding life as man’s ultimate value. I present a case that the recognition of death’s inevitability is needed to establish life as man’s ultimate value. Although death’s inevitability is implicit within Objectivist ethics (in its emphasis on a person’s entire life), the focus of Rand’s discussion of the ultimate (...)
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  • Charity, Childcare, and Crime: From Objectivist Ethics to the Austrian School.Kathleen Touchstone - 2016 - Libertarian Papers 8:23-57.
    : The purpose of this paper is to address from a normative perspective issues raised by John Mueller in Redeeming Economics: Rediscovering the Missing Element. Mueller criticizes economists, including Austrians, for failing to properly address unilateral transfers—in particular, charity, childcare, and crime—in economic thought. Mueller challenges economist Gary Becker’s position that giving increases the […] The post “Charity, Childcare, and Crime: From Objectivist Ethics to the Austrian School” appeared first on Libertarian Papers.
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  • Contrasting the Behavioural Business Ethics Approach and the Institutional Economic Approach to Business Ethics: Insights From the Study of Quaker Employers: Philosophical foundations/economics & Business Ethics.Sigmund Wagner-Tsukamoto - 2008 - Journal of Business Ethics 82 (4):835-850.
    The article suggests that in a modern context, where value pluralism is a prevailing and possibly, even ethically desirable interaction condition, institutional economics provides a more viable business ethics than behavioural business ethics, such as Kantianism or religious ethics. The article explains how the institutional economic approach to business ethics analyses morality with regard to an interaction process, and favours non-behavioural, situational intervention with incentive structures and with capital exchange. The article argues that this approach may have to be prioritised (...)
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  • Law as Memory.Constance Youngwon Lee & Jonathan Crowe - 2015 - Law and Critique 26 (3):251-266.
    This article explores the claim that law is characteristically in search of the past. We argue that the structure of memory defines our relationship with the past and this relationship, in turn, has important implications for the nature of law. The article begins by examining the structure of memory, drawing particularly on the work of Henri Bergson. It then draws out the implications of Bergson’s theory for the interplay of past and present, highlighting the challenges this poses for law’s project (...)
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  • Dream Capitalism.Chris Pierson - 2015 - Res Publica 21 (4):383-395.
    In my reading of Free Market Fairness, I challenge Tomasi’s key assumption that that we can and should pursue the account of social justice laid down in its essentials by John Rawls, but with this one crucial change, that the ‘economic liberties’ which Rawls excludes from his framework of basic liberties should be included on that list and be appropriately prioritized and protected. I argue that Rawls had very good grounds for excluding the right to own productive capital from his (...)
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  • Exit Left: Markets and Mobility in Republican Thought.Robert S. Taylor - 2017 - Oxford, UK: Oxford University Press.
    Contemporary republicanism is characterized by three main ideas: free persons, who are not subject to the arbitrary power of others; free states, which try to protect their citizens from such power without exercising it themselves; and vigilant citizenship, as a means to limit states to their protective role. This book advances an economic model of such republicanism that is ideologically centre-left. It demands an exit-oriented state interventionism, one that would require an activist government to enhance competition and resource exit from (...)
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  • A theory of legislation from a systems perspective.Peter Harrison - unknown
    In this thesis I outline a view of primary legislation from a systems perspective. I suggest that systems theory and, in particular, autopoietic theory, as modified by field theory, is a mechanism for understanding how society operates. The description of primary legislation that I outline differs markedly from any conventional definition in that I argue that primary legislation is not, and indeed cannot be, either a law or any of the euphemisms that are usually accorded to an enactment by a (...)
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