Social Science, Social Policy, and the Law

Social Science, Social Policy, and the Law PDF

Author: Patricia Ewick

Publisher: Russell Sage Foundation

Published: 1999-06-10

Total Pages: 400

ISBN-13: 1610441915

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Social science has been an important influence on legal thought since the legal realists of the1930s began to argue that laws should be socially workable as well as legally valid. With the expansion of legal rights in the 1960s, the law and social science were bound together by an optimistic belief that legal interventions, if fully informed by social science, could become an effective instrument of social improvement. Legal justice, it was hoped, could translate directly into social justice. Though this optimism has receded in both disciplines, social science and the law have remained intimately connected. Social Science, Social Policy, and the Law maps out this new relationship, applying social science to particular legal issues and reflecting upon the role of social science in legal thought. Several case studies illustrate the way that the law is embedded within the tangled interests and incentives that drive the social world. One study examines the entrepreneurialism that has shaped our systems of punishment from the colonial practice of deportation to today's privatized jails. Another case shows how many of those who do not qualify for legal aid cannot afford an effective legal defense with the consequence that economic inequality leads to inequality before the law. Two other studies look at the mixed results of legal regulation: the failure of legal safeguards to stop NASA's fatal 1986 Challenger launch decision, and the complicated effects of regulations to curb conflicts of interest in law firms. These two cases demonstrate that the law's effectiveness can depend, not only on how it is drafted, but also on how well it harmonizes with pre-existing social norms and patterns of self-regulation. The contributors to this volume share the belief that social science can and should influence legal policymaking. Empirical research is necessary to offset anecdotal evidence and untested assertions. But research that is acceptable to the academy may not stand up in court, and, as a result, social science does not always get a sympathetic hearing from legal decision makers. The relationship between social science and the law will always be complex; this volume takes a lead in showing how it can nonetheless be productive.

Samuel Pufendorf and the Emergence of Economics as a Social Science

Samuel Pufendorf and the Emergence of Economics as a Social Science PDF

Author: Jürgen G. Backhaus

Publisher: Springer Nature

Published: 2020-11-21

Total Pages: 212

ISBN-13: 3030497917

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This book discusses Samuel Pufendorf and his contributions to the development of the European Enlightenment and the emergence of economics as a social science. Born in 1632 in Saxony, Pufendorf wrote widely on natural law, ethics, jurisprudence, and political economy and was one of the most important figures in early-modern political thought. Although his work fits within the intellectual framework of natural jurisprudence, there is an argument to be made that his ideas promoted the development of economics as a distinct discipline within the social sciences. Written by participants in the 34th Heilbronn Symposion in Economics and the Social Sciences, the contributions to this volume give an overview of Pufendorf’s influence on other authors of the Enlightenment, such as Locke, Montesquieu, and Rousseau, as well as addressing the theoretical implications of his extensive writings. Further chapters place a special focus on Pufendorf’s discussion of economic matters, such as property rights theory, price theory, taxation, and preferences and decision-making. The book concludes with analyzing Pufendorf’s influence on Adam Smith, his anticipations of elements of modern economic theory, and his impact on the history of economic thought. Providing a fresh look at one of the foundational scholars of social science, this volume will be of interest to researchers and students of the history of economic thought, political economy, economic history, and political philosophy.

International Law and the Social Sciences

International Law and the Social Sciences PDF

Author: Wesley L. Gould

Publisher: Princeton University Press

Published: 2015-03-08

Total Pages: 359

ISBN-13: 1400872278

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A bridge is constructed by this volume between the separate professions and disciplines of international lawyers and social scientists. The authors attempt to restate international law, both its jurisprudence and its rules, in social science terms. The authors then explicitly set forth the reciprocal relationships between international law and the findings, perspectives, and literature of the social sciences—showing how the insights and concepts of political science, sociology, psychology, and other disciplines can illuminate the field of international law. The limits as well as utility of social science materials in the comprehension, teaching, and practice of international law are evaluated. Originally published in 1970. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Theories of Choice

Theories of Choice PDF

Author: Stefan Grundmann

Publisher: Oxford University Press

Published: 2021-01-14

Total Pages: 320

ISBN-13: 0192608266

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Choice is a key concept of our time. It is a foundational mechanism for every legal order in societies that are, politically, constituted as democracies and, economically, built on the market mechanism. Thus, choice can be understood as an atomic structure that grounds core societal processes. In recent years, however, the debate over the right way to theorize choice - for example, as a rational or a behavioral type of decision making - has intensified. This collection provides an in-depth discussion of the promises and perils of specific types of theories of choice. It shows how the selection of a specific theory of choice can make a difference for concrete legal questions, in particular in the regulation of the digital economy or in choosing between market, firm, or network. In its first part, the volume provides an accessible overview of the current debates about rational versus behavioral approaches to theories of choice. The remainder of the book structures the vast landscape of theories of choice along with three main types: individual, collective, and organizational decision making. As theories of choice proliferate and become ever more sophisticated, however, the process of choosing an adequate theory of choice becomes increasingly intricate. This volume addresses this selection problem for the various legal arenas in which individual, organizational, and collective decisions matter. By drawing on economic, technological, political, and legal points of view, the volume shows which theories of choice are at the disposal of the legally relevant decision-maker, and how they can be operationalized for the solution of concrete legal problems. The editors acknowledge the kind support of the Fritz Thyssen Foundation for an exploratory conference on the subject of the book.

Political Economy

Political Economy PDF

Author: Norman Schofield

Publisher:

Published: 2011

Total Pages: 387

ISBN-13: 9780415576178

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Finally, Volume IV (?Governance?) takes a?micro-governance? approach, exploring how, for example, corporate law and intra-firm politics influence the macroeconomic aggregates by which social welfare is often measured.