| Loại tài liệu | Tư liệu ngôn ngữ (Sách) | | Mã ngôn ngữ | eng | | | BX1795 .E36 | | Tên tác giả | Jordan, Emma Coleman | | Tác giả liên quan | Harris, Angela P | | Thông tin nhan đề | Economic justice : race, gender, identity and economics : cases and materials / Emma Colman Jordan, Angela P. Harris | | Xuẩt bản,phát hành | New York, N.Y : Foundation Press, 2005 | | Mô tả vật lý | 1236 p. ; 26cm
| | Tóm tắt/chú giải | This casebook involves in creating this dialogue. In Chapter 1, the authors identify a central tension between the culture of traditional legal analysis, with its claim of neutrality and the culture of critical race theory with its emphasis on subjective narrative. The authors ask whether legal analysis is (or should it be) a science? Is the law a neutral and objective forum for conflict, resolution, or is it a tool of the powerful? As legal scholars concerned with the impact of subordination in law and in markets, the authors examine the role that traditional legal analysis plays in reinforcing the rational choice, efficiency, and wealth maximization assumption of traditional economic views of the operation of markets. It is not surprising to find that claims of neutrality play as central a role in traditional legal theory, as they do in traditional economic analysis. Chapter 2 introduces students to ways of thinking about the idea of economic justice: one drawing on the Weberian notion of class stratification, and the other drawing Marx (who drew on early economists like Adam Smith and John Stuart Mill) and the notion of political economic. It’s introduces students as well to the concept of the United States as a capitalist democracy in which capitalism and democracy popularly inhabit two different spheres, a “public” and a “private” and it helps students see how law is actively engages in creating and maintaining both spheres, as well as in drawing the line between them. Chapter 2 also engages students in trying to answer the question: why there is no developed discourse of economic question, the chapter racial injustice and the tangled relationship between racial inequality and economic inequality. Chapter 3 introduces students to the basic principles of economic theory and the key ideological assumptions that undergird the discipline of economics and thereby law and economic. The work of this chapter operates through an engagement with “neo-classical,” free-market economic. The authors use familiar cases from the first year curriculum in torts and property to explore actual examples of that relies upon the law and economics theoretical premises. Chapters 4 and 5 extend the exploration of the basic tenets of modern economic theory as it has been applied in legal reasoning. Chapter 4 is concerned with the critiques of classic market theory coming from those who share it’s basic premises. Chapter 5 introduces students to the major challenges to market economic from those who reject the basic premises of that field. In this chapter, the authors explore the challenges to price theory, rational choice, and wealth maximization premises that have come from those who do not share the faith markets and private ordering, Within law, these criticisms include doctrinalists who are unconvinced by the positive claim that the common law converges on efficiency, critical legal scholars who reject the normative premise that wealth maximization is a coherent value for a democracy, and from humanistic legal scholars who reject the material-ism inherent the efficiency and wealth maximization norms of modern law and economics. In Chapter 6 and 7 the authors take up the data that confirms the picture of economic inequality, Beyond the numbers, the authors listen to the voices and narratives of those who are at the bottom rung of wealth and income. The authors see the role of class and the influence of material culture in degrading the participation of those who have the least influence in the common forums of this society. Finally, these two chapters are concerned with the barriers to economic mobility
| | Từ khóa | 1. Distributive justice. 2. Economics. 3. Law and economics. |
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