Palgrave Macmillan, 2015 (included in the Perspectives from Social Economics series)
This book was assembled from papers presented at the Association for Social Economics program at the 2014 Allied Social Science Associations meetings, the theme of which was “Exploring the Relationships between Law and Social Economics,” and the 2014 meetings of the Law and Society Association.
DESCRIPTION
This edited volume is the first collection of essays exploring the intersection of social economics and the law, providing alternatives to neoclassical law-and-economics and applying them to real-world issues. Law is a social enterprise concerned with values such as justice, dignity, and equality, as well as efficiency—which is the same way that social economists conceive of the economy itself. Social economists and legal scholars alike need to acknowledge the interrelationship between the economy and the law in a broader ethical context than enabled by mainstream law-and-economics.
The ten chapters in this volume, written by an international assortment of scholars from economics, philosophy, and law, employ a wide variety of approaches and methods to show how a more ethically nuanced approach to economics and the law can illuminate both fields and open up new avenues for studying social-economic behavior, policy, and outcomes in all their ethical and legal complexity.
(See also this blog post, adapted from the introduction to the book.)
TABLE OF CONTENTS
Introduction
Part I: Foundations
Chapter 1: “Towards a Contractarian Theory of Law,” Claire Finkelstein
Chapter 2: “Environmental Ethics, Economics, and Property Law,” Steven McMullen and Daniel Molling
Chapter 3: “Individual Rights, Economic Transactions and Recognition: A Legal Approach to Social Economics,” Stefano Solari
Chapter 4: “Institutionalist Method and Forensic Proof,” Robert M. LaJeunesse
Chapter 5: “Retributivist Justice and Dignity: Finding a Role for Economics in Criminal Justice,” Mark D. White
Part II: Applications
Chapter 6: “Female Genital Mutilation and the Law: A Qualitative Case Study,” Regina Gemignani and Quentin Wodon
Chapter 7: “An Unexamined Oxymoron: Trust but Verify,” David George
Chapter 8: “On the Question of Court Activism and Economic Interests in 19th Century Married Women’s Property Law,” Daniel MacDonald
Chapter 9: “Divergent Outcomes of Land Rights Claims of Indigenous Peoples in the United States,” Wayne Edwards
Chapter 10: “Punitive (and) Pain-and-Suffering Damages in Brazil,” Osny da Silva Filho
Mark D. White 