The Reason of Rules

The Reason of Rules
Author: Geoffrey Brennan
Publisher: Collected Works of James M. Bu
Total Pages: 0
Release: 2000
Genre: Business & Economics
ISBN: 9780865972315

In his foreword, Robert D Tollison identifies the main objective of Geoffrey Brennan and James M Buchanan's THE REASON OF RULES: "...a book-length attempt to focus the energies of economists and other social analysts on the nature and function of the rules under which ordinary political life and market life function." In persuasive style, Brennan and Buchanan argue that too often economists become mired in explaining the obvious or constructing elaborate mathematical models to shed light on trivial phenomena. Their solution: economics as a discipline would be better focused on deriving normative procedures for establishing rules so that ordinary economic life can proceed unaffected as much as possible by social issues. In THE REASON OF RULES, Brennan and Buchanan sketch out a methodological and analytical framework for the establishment of rules. They point out that the consideration of rules has its roots in classical economics and has been hinted at in the work of some contemporary economists. But the enterprise of applying the analytical rigor of modern economics to the establishment of effective rules is the little-traveled road that bears the most promise. In fact, the basic idea of the importance of rules is a thread that runs through virtually the whole of Buchanan's distinguished career, and it is one of his signal contributions to the contemporary discipline of economics. THE REASON OF RULES is an elaboration of the potential for rules and the normative process by which they can best be devised.

Rules, Reason, and Self-Knowledge

Rules, Reason, and Self-Knowledge
Author: Julia Tanney
Publisher: Harvard University Press
Total Pages: 425
Release: 2013-01-08
Genre: Philosophy
ISBN: 0674071727

Julia Tanney offers a sustained criticism of today’s canon in philosophy of mind, which conceives the workings of the rational mind as the outcome of causal interactions between mental states that have their bases in the brain. With its roots in physicalism and functionalism, this widely accepted view provides the philosophical foundation for the cardinal tenet of the cognitive sciences: that cognition is a form of information-processing. Rules, Reason, and Self-Knowledge presents a challenge not only to the cognitivist approach that has dominated philosophy and the special sciences for the last fifty years but, more broadly, to metaphysical-empirical approaches to the study of the mind. Responding to a tradition that owes much to the writings of Davidson, early Putnam, and Fodor, Tanney challenges this orthodoxy on its own terms. In untangling its internal inadequacies, starting with the paradoxes of irrationality, she arrives at a view these philosophers were keen to rebut—one with affinities to the work of Ryle and Wittgenstein and all but invisible to those working on the cutting edge of analytic philosophy and mind research today. This is the view that rational explanations are embedded in “thick” descriptions that are themselves sophistications upon ever ascending levels of discourse, or socio-linguistic practices. Tanney argues that conceptual cartography rather than metaphysical-scientific explanation is the basic tool for understanding the nature of the mind. Rules, Reason, and Self-Knowledge clears the path for a return to the world-involving, circumstance-dependent, normative practices where the rational mind has its home.

Reason in Law

Reason in Law
Author: Lief H. Carter
Publisher: University of Chicago Press
Total Pages: 311
Release: 2016-03-04
Genre: Political Science
ISBN: 022632821X

Newly updated ninth edition: “A superbly written, pedagogically rich, historically and conceptually informed introduction to legal reasoning.” —Law and Politics Book Review Over the decades it has been in print, Reason in Law has established itself as the place to start for understanding legal reasoning, a critical component of the rule of law. This ninth edition brings the book’s analyses and examples up to date, adding new cases while retaining old ones whose lessons remain potent. It examines several recent controversial Supreme Court decisions, including rulings on the constitutionality and proper interpretation of the Affordable Care Act and Justice Scalia’s powerful dissent in Maryland v. King. Also new to this edition are cases on same-sex marriage, the Voting Rights Act, and the legalization of marijuana. A new appendix explains the historical evolution of legal reasoning and the rule of law in civic life. The result is an indispensable introduction to the workings of the law.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Reason in Law

Reason in Law
Author: Lief H. Carter
Publisher: Addison Wesley Longman
Total Pages: 216
Release: 1998
Genre: Law
ISBN:

Previous editions : 1988 (3rd) ; and 1994 (4th).

Moving Beyond Caricature and Characterization

Moving Beyond Caricature and Characterization
Author: Andrew I. Gavil
Publisher:
Total Pages: 0
Release: 2013
Genre:
ISBN:

Antitrust law's "rule of reason," first endorsed by the Supreme Court in its 1911 Standard Oil decision, has evolved from a potentially wide-ranging and relatively unstructured inquiry limited in application to cases brought under Section 1 of the Sherman Act into a group of "rules of reason" that are used today to evaluate many different kinds of competitively sensitive conduct. Although still derided by critics as unstructured and error-prone, these rules of reason are instead structured and guided by core economic principles that focus on specific conduct's pro and anti-competitive effects. The burdens imposed on plaintiffs, public and private are demanding, and defendants win the overwhelming proportion of the time. Indeed, today's antitrust rules are the most business-friendly in the history of American antitrust law. In this article, I trace the intellectual history of the modern rule of reason from Standard Oil and Chicago Board of Trade to the more contemporary Supreme Court and appellate court decisions. Under the modern rule of reason that emerges, the instinct to categorize conduct as fitting into seemingly distinct categories subject to either the "per se rule" or the "rule of reason" has been supplanted by the view that the rule of reason is a single standard that is subject to varying modes of application -- a sliding-scale continuum that is focused on the nature and extent of the evidence of competitive effects. The article specifically revisits the origins of the "quick look" approach to applying the rule of reason and finds fault in the association of the quick look with evidence of "actual" anti-competitive effects. The quick look was rooted in a confidence that courts could, through rudimentary economic reasoning, easily discern the anti and pro-competitive potential of conduct in many cases short of "elaborate inquiry." "Economic reasoning" not "actual effects" is the foundation of a useful quick look. The article concludes by suggesting three reforms that might improve the application of the modern rules of reason, including a revitalized quick look that would integrate a more symmetrical plausibility screen. That screen would simultaneously evaluate the economic basis for both the plaintiff's case of anti-competitive effect and the defendant's assertion of efficiencies or other cognizable justifications.

Practical Reason and Norms

Practical Reason and Norms
Author: Joseph Raz
Publisher: OUP Oxford
Total Pages: 220
Release: 1999-09-09
Genre: Philosophy
ISBN: 0191018589

Practical Reason and Norms focuses on three problems: In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? All three questions are answered by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity. Rules are a structure of reasons to perform the required act and an exclusionary reason not to follow some competing reasons. Exclusionary reasons are explained, and used to unlock the secrets of orders, promises, and decisions as well as rules. Games are used to exemplify normative systems. Inevitably, the analysis extends to some aspects of normative discourse, which is truth-apt, but with a diminished assertoric force.

The Antitrust Enterprise

The Antitrust Enterprise
Author: Herbert HOVENKAMP
Publisher: Harvard University Press
Total Pages: 392
Release: 2009-06-30
Genre: Law
ISBN: 9780674038820

After thirty years, the debate over antitrust's ideology has quieted. Most now agree that the protection of consumer welfare should be the only goal of antitrust laws. Execution, however, is another matter. The rules of antitrust remain unfocused, insufficiently precise, and excessively complex. The problem of poorly designed rules is severe, because in the short run rules weigh much more heavily than principles. At bottom, antitrust is a defensible enterprise only if it can make the microeconomy work better, after accounting for the considerable costs of operating the system. The Antitrust Enterprise is the first authoritative and compact exposition of antitrust law since Robert Bork's classic The Antitrust Paradox was published more than thirty years ago. It confronts not only the problems of poorly designed, overly complex, and inconsistent antitrust rules but also the current disarray of antitrust's rule of reason, offering a coherent and workable set of solutions. The result is an antitrust policy that is faithful to the consumer welfare principle but that is also more readily manageable by the federal courts and other antitrust tribunals.

The Antitrust Paradox

The Antitrust Paradox
Author: Robert Bork
Publisher:
Total Pages: 536
Release: 2021-02-22
Genre:
ISBN: 9781736089712

The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.

The Brussels Effect

The Brussels Effect
Author: Anu Bradford
Publisher: Oxford University Press
Total Pages: 368
Release: 2020-01-27
Genre: Law
ISBN: 0190088605

For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.