By Klaus Mathis (auth.), Klaus Mathis (eds.)
Fifty years after the well-known essay “The challenge of Social rate” (1960) by way of the Nobel laureate Ronald Coase, legislation and Economics turns out to became the lingua franca of yank jurisprudence, and even supposing its impact on ecu jurisprudence is simply average by way of comparability, it has additionally won attractiveness in Europe. A hugely influential ebook of a distinct nature used to be the Brundtland record (1987), which prolonged the idea that of sustainability from forestry to the total of the economic system and society. in line with this record, improvement is sustainable while it “meets the wishes of the current with no compromising the power of destiny generations to fulfill their very own needs”.
A key requirement of sustainable improvement is justice to destiny generations. it really is nonetheless a question of indisputable fact that the legislation in addition to the theories of justice are normally constrained to the answer of conflicts among contemporaries and among humans dwelling within the comparable kingdom. This in flip increases a few questions: what's the philosophical justification for intergenerational justice? What bearing does sustainability have at the potency precept? How will we placed a coverage of sustainability into perform, and what's the function of the legislations in doing so?
The current quantity is dedicated to those questions. partly One, “Law and Economics”, the position of monetary research and potency in legislations is tested extra heavily. half , “Law and Sustainability”, engages with the subjects of sustainable improvement and justice to destiny generations. eventually, half 3, “Law, Economics and Sustainability”, addresses the interrelationships among different aspects.
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Extra resources for Efficiency, Sustainability, and Justice to Future Generations
Juristische Folgenorientierung. , Die Hart-Dworkin Debatte. Ein Beitrag zu den internationalen Kontroversen der Gegenwart (Berlin, 2004) Weigel, Wolfgang, Rechtsökonomik. ), Dworkin in der Diskussion (Paderborn, 1999) Zipursky, Benjamin, ‘Rights, Wrongs, and Recourse in the Law of Torts’, in Vanderbilt Law Review, Vol. 51 (1998), pp. 1 ff. Consequence-Based Arguments in Legal Reasoning: A Jurisprudential Preface to Law and Economics Péter Cserne One of the persistent problems surrounding the discipline of law and economics is the role of economic arguments in legal reasoning.
4 Patterson, pp. 267 f. Consequence-Based Arguments in Legal Reasoning: A Jurisprudential Preface . . 5 At first sight, Patterson’s thesis about the autonomy of law presents a challenge for the inclusion of economic arguments in the practice of legal reasoning. This challenge can be answered in a number of ways. The first is surrender. ) arguments can be legitimately put forward as propositions about law. They can be both intellectually interesting and practically useful as arguments in a discourse which is separate and distinct from legal practice.
51 (1998), pp. 1 ff. Consequence-Based Arguments in Legal Reasoning: A Jurisprudential Preface to Law and Economics Péter Cserne One of the persistent problems surrounding the discipline of law and economics is the role of economic arguments in legal reasoning. 1 The present paper is a contribution to this ongoing discussion. The argument goes as follows. First, I will argue that insights from law and economics, to the extent that they claim to be directly relevant for legal reasoning, should carry a jurisprudential preface that states that this very relevance is limited and conditional.