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Economic analysis of law is an interesting and challenging attempt to employ the concepts and reasoning methods of modern economic theory so as to gain a deeper understanding of legal problems. According to Richard A. Posner it is the role of the law to encourage market competition and, where the market fails because transaction costs are too high, to simulate the result of competitive markets. This would maximize economic efficiency and social wealth.In this work, the lawyer and economist Klaus Mathis critically appraises Posner’s normative justification of the efficiency paradigm from the perspective of the philosophy of law. Posner acknowledges the influences of Adam Smith and Jeremy Bentham, whom he views as the founders of normative economics. He subscribes to Smith’s faith in the market as an ideal allocation model, and to Bentham’s ethical consequentialism. Finally, aligning himself with John Rawls’s contract theory, he seeks to legitimize his concept of wealth maximization with a consensus theory approach.In his interdisciplinary study, the author points out the possibilities as well as the limits of economic analysis of law. It provides a method of analysing the law which, while very helpful, is also rather specific. The efficiency arguments therefore need to be incorporated into a process for resolving value conflicts. In a democracy this must take place within the political decision-making process. In this clearly written work, Klaus Mathis succeeds in making even non-economists more aware of the economic aspects of the law.
Neonatal intensive care has been one of the most morally controversial areas of medicine during the past thirty years. This study examines the interconnected development of four key aspects of neonatal intensive care: medical advances, ethical analysis, legal scrutiny, and econometric evaluation.The authors assert that a dramatic shift in societal attitudes toward newborns and their medical care was a stimulus for and then a result of developments in the medical care of newborns. They divide their analysis into three eras of neonatal intensive care. The first, characterized by the rapid advance of medical technology from the late 1960s to the Baby Doe case of 1982, established neonatal care as a legitimate specialty of medical care, separate from the rest of pediatrics and medicine. During this era, legal scholars and moral philosophers debated the relative importance of parental autonomy, clinical prognosis, and children’s rights. The second era, beginning with the Baby Doe case (a legal battle that spurred legislation mandating that infants with debilitating birth defects be treated unless the attending physician deems efforts to prolong life “futile”), stimulated efforts to establish a consistent federal standard on neonatal care decisions and raised important moral questions concerning the meaning of “futility” and of “inhumane” treatment. In the third era, a consistent set of decision-making criteria and policies was established. These policies were the result of the synergy and harmonization of newly agreed upon ethical principles and newly discovered epidemiological characteristics of neonatal care.Tracing the field’s recent history, notable advances, and considerable challenges yet to be faced, the authors present neonatal bioethics as a paradigm of complex conversation among physicians, philosophers, policy makers, judges, and legislators which has led to responsible societal oversight of a controversial medical innovation.
Does animal welfare have a place in sustainable farming, or do the demands of a rising human population and the threat of climate change mean that the interests of animals must be put aside? Can we improve the way we keep animals and still feed the world – or is it a choice between ethics and economics?The aim of this book is to challenge the “them-and-us” thinking that sets the interests of humans and farm animals against each other and to show that to be really “sustainable,” farming needs to include, not ignore, animal welfare. The authors of this remarkable book come from a diversity of backgrounds: industry, animal welfare organizations, academic institutions, and practical farming. They are united in arguing that farm animals matter and that sustainable farming must have animal welfare at its ethical core, along with the production of healthy, affordable food and care for the environment.
Fichte’s System of Ethics, originally published in 1798, is at once the most accessible presentation of its author’s comprehensive philosophical project, The Science of Knowledge or Wissenschaftslehre, and the most important work in moral philosophy written between Kant and Hegel. This study integrates the discussion of our moral duties into the systematic framework of a transcendental theory of the human subject. Ranging over numerous important philosophical themes, the volume offers a new translation of the work together with an introduction that sets it in its philosophical and historical contexts.
ما از اخلاق چه انتظاری داریم؟ این سوال شاید تاحدودی برای عموم مردم و یا متخصصان این رشته قابل پاسخ باشد؛ اینکه خوب بودن را به ما بیاموزد و در تنظیم روابط فردی م...
جشن کتاب تهران به ایستگاه سی و یکم رسیده است. حال و احوال نشر کتاب خوب نیست و باید فرهنگدوستان را به خرید و هدیه دادن کتاب ترغیب نمود. خانه اخلاقپژوهان جوان ب...
بنیاد کتابهای اخلاق اسلامی عمدتا پالایش جان از آلودگیها و آراستن آن به زیباییها است. اندیشه محوری این قبیل کتابها آن است که انسان فعلی آنی نیست که باید باشد...
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