Can capitalism have moral foundations? Though this question may seem strange in today's world of vast economic disparities and widespread poverty, discussions originating with the birth of capitalism add a critical perspective to the current debate on the efficacy and morality of capitalist economies. Authors Daniel Halliday and John Thrasher use this question to introduce classical political philosophy as a framework by which to evaluate the ethics of capitalism today. They revisit and re...

In every Western democracy today, inheritances have a very profound influence on people’s lives. This motivates renewed scholarship on inheritance law by philosophy and the legal sciences. The present volume aims to contribute to some ongoing areas of inquiry while also filling some gaps in research.It is organized in a highly interdisciplinary way. In the thirteen chapters of the book, written by outstanding philosophers and legal scholars, the following questions, among others, a...

This book investigates and critically evaluates the concept of public benefit within charity law in the common law world. In the course of the study the book: provides a rich account of how the concept of public benefit has developed over time in charity law jurisprudence; deepens understanding of the aspects of public benefit that remain poorly understood even today; and suggests ways in which public benefit jurisprudence might develop in an orderly and principled way so as to better addr...

Daniel Halliday examines the moral grounding of the right to bequeath or transfer wealth. He engages with contemporary concerns about wealth inequality, class hierarchy, and taxation, while also drawing on the history of the egalitarian, utilitarian, and liberal traditions in political philosophy. He presents an egalitarian case for restricting inherited wealth, arguing that unrestricted inheritance is unjust to the extent that it enables and enhances the intergenerational replication of i...

Tax law changes at a startling rate - not only does societal change bring with it demands for change in the tax system, but changes in the political climate will force change, as will many other competing pressures. With this pace of change, it is easy to focus on the practical and forget the core underpinnings of the tax system and their philosophical justifications. Taking a pause to remind ourselves of those principles and how they can operate in the modern tax system is crucial to ensu...

Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial...

"Erudite and thought-provoking. . . . a stimulating, historically grounded exploration of the subject . . . rewarding." — Financial TimesA few centuries ago, capitalism set in motion an explosion of economic productivity. Markets and private property had existed for millennia, but what other key institutions fostered capitalism's relatively recent emergence?With Conceptualizing Capitalism, Geoffrey M. Hodgson offers readers a more precise co...

This volume brings together distinguished philosophers with interdisciplinary expertise to show how the resources of philosophy can be employed in the tasks of evaluating economics and fostering policy debates. Contributors offer analyses of basic ideas in economics, such as the notion of efficiency, "economic man", incentives, self-interest, and utility maximization. They discuss key concepts in political theory such as desert, compensation, autonomy, equality, consent or fairness. The bo...

In the wake of the financial crisis of 2008 and ongoing debt-related troubles there have been widespread calls to put banking and economic activity on a secure ethical foundation, either by regulation or through voluntary reform. In this volume a distinguished set of authors explore various economic, philosophical, and ethical ideas from historical, contemporary, and future-looking perspectives. At the core are two related ideas much mentioned but far more rarely examined: the idea of natu...

This book surveys the leading modern theories of property - Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing - and then applies those theories to concrete contexts in which property issues have been especially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain and intellectual property. The book highlights the Aristotelian human flourishing theory of property, providing the most comprehensive a...

The Law and Economics approach to law dominates the intellectual discussion of nearly every doctrinal area of law in the United States and its influence is growing steadily throughout Europe, Asia, and South America. Numerous academics and practitioners are working in the field with a flow of uninterrupted scholarship that is unprecedented, as is its influence on the law.Academically every major law school in the United States has a Law and Economics program and the emergence of si...

The real meaning of ‘conservative’ – today denoting groups as diverse and incompatible as the religious right, libertarian free-marketeers and free-spending neo-conservatives – has been lost to politics. Yet the original conservative ideology, first developed in the eighteenth century by Edmund Burke, was concerned with managing change. Kieron O’Hara argues that genuine conservatism has its own relevance in a complex and dynamic world where change is rapid, pervasive and dislocating. Conse...