scholarly journals The Erroneous Foundations of Law and Economics

2021 ◽  
pp. 1-114
Author(s):  
Mark Glick ◽  
Gabriel A. Lozada
Keyword(s):  
Law And Economics ◽  
Consumer Surplus ◽  
Political Influence ◽  
Consumer Welfare ◽  
Pareto Efficiency ◽  
Wealth Maximization ◽  
The Status ◽  
Definition Of ◽  
Ethical Failures ◽  
The 19Th Century

The fundamental originating principle of law and economics (L&E) is that legal decisions should be (and are) based on maximizing efficiency. But L&E proponents do not define “efficiency” in the way agreed to by most economists, as Pareto Efficiency. A Pareto optimal condition is obtained when no one can be made better off without making someone worse off. Pareto Improvements are win-win changes where no losers exist. In the judicial system, however, there are always winners and losers, because under Article III § 2 of the Constitution a legal case does not exist unless there is a justiciable “case or controversy” in need of resolution. Unable to use Pareto Efficiency, L&E scholars have been forced to adopt alternative definitions of efficiency. Most L&E scholars claim to define “efficiency” based on the work of Kaldor and Hicks, but (perhaps unwittingly) instead use a definition of “efficiency” derived from the 19th century idea of consumer surplus, which encompasses L&E notions such as “wealth maximization,” and “consumer welfare” in antitrust. Neither of these alternative definitions is viable, however. Outside of L&E, the Kaldor-Hicks approach has long been recognized to be riddled with logical inconsistencies and ethical failures, and the surplus approach is even more deficient. Remarkably, virtually none of the numerous L&E textbooks even hint at such problems. Critically, all definitions of efficiency improvements in economics are biased in favor of wealthy individuals or firms, either because they are dependent on the status quo ante distribution of assets, or because they bestow large advantages on parties with political influence or who can afford to bring lawsuits quickly. Many L&E practitioners treat efficiency improvements instead as being objectively good, an error revealing that L&E is primarily motivated by its neoliberal policy agenda.

scholarly journals Formation’s Principles of the Judiciary of Ukraine

2021 ◽  
Vol 7 (6) ◽  
pp. 1001-1009
Author(s):  
Vitaliy Hudyma
Keyword(s):  
Rule Of Law ◽  
Professional Competence ◽  
Political Influence ◽  
The Political ◽  
Law And Order ◽  
Basic Principles ◽  
The Rule Of Law ◽  
Supreme Council ◽  
The Status ◽  
Definition Of

The article reveals and researches the basic principles of the formation of the judiciary in Ukraine. It is established that judicial corps should be understood as an appropriate number of civil servants who hold the relevant positions as judges in the judicial bodies of Ukraine. It has been proved that judges make universally binding decisions, which determine, for example, other processes of maintaining law and order in the state. It is determined that the legislation lacks a clear definition of the term “judiciary” and lacks the primary grounds and principles by which the process of formation of the judicial corps in Ukraine should take place. It is established that the principles of formation of the judiciary in Ukraine should be based on the requirements for candidates for the position of judges, which are defined by Article 69, “Requirements for candidates for the position of the judge” of the Law of Ukraine “On Judiciary and the Status of Judges”. It is proved that one of the components of the procedure for the formation of the judiciary in Ukraine is the qualification assessment of candidates for the position of judges. It was found out that the qualification assessment of judges by the criterion of professional competence should be based on the principle of specialization and instance. It is established that the main principles based on which the appointment of judges-candidates for the positions of members of the Supreme Council of Justice are: the principle of the rule of law; the principle of professionalism; the principle of publicity; the principle of political neutrality. It is determined that one of the critical principles of formation of the judiciary in Ukraine should be the principle of non-political influence, namely its essence is revealed in the fact that entities that will participate both directly and indirectly in the formation of the judiciary should not, in any case, have any relation to the political sphere. It is noted that the prospects for further research in this area are the study of the holistic system and features of the formation of the judiciary in Ukraine.

scholarly journals Daži agrāk aktuāli akadēmiskās dzīves aspekti: venia legendi un privātdocenta statuss pasaulē un Rīgas Politehnikumā (1862–1896)

2021 ◽  
Vol 5 ◽  
pp. 9-29
Author(s):  
Māris Baltiņš
Keyword(s):  
World War Ii ◽  
19Th Century ◽  
21St Century ◽  
18Th Century ◽  
World War ◽  
The World ◽  
Archival Documents ◽  
The Status ◽  
Definition Of ◽  
The 19Th Century

Pētījumā aplūkots privātdocenta statuss, kas pasaulē tika ieviests 18. gadsimtā un, sākot no 19. gadsimta otrās puses līdz Otrā pasaules kara beigām, pastāvēja arī Latvijā. Privātdocenta statuss salīdzināts ar citu pasaules valstu, galvenokārt vācu tipa universitātēm. Jēdzienu «venia legendi» un «privātdocents» skaidrojumi ar piemēriem no Rīgas Politehnikuma (RP) mācībspēku darbības atspoguļo šos jēdzienus no dažādiem aspektiem, lai 21. gadsimtā būtu saprotams to lietojums iepriekšējos gadsimtos. Autors pētījumam izmantojis arhīvu dokumentus un bibliotēku krājumus, balstoties ne tikai Latvijas, bet arī Krievijas, Vācijas un citu valstu zinātnieku atziņās. The study examines the status of a private docent, the academic position which was introduced across the world in the 18th century and which also existed in Latvia from the second half of the 19th century until the end of World War II. The status of the private docent as it used to be understood in Latvia is compared with other countries, mainly considering German-type universities. Definition of the terms «venia legendi» and «private docent» providing examples of academic activity of the lecturers of Riga Polytechnicum (RP) allow considering these concepts from various perspectives in order to make their meaning and usage in the previous centuries transparent for the users in the 21st century. Conducting the present research, the author has used archival documents and library collections, the theoretical framework includes the findings of not only the Latvian scientists, but also researchers from Russia, Germany and other countries.

The Unsound Theory Behind the Consumer (and Total) Welfare Goal in Antitrust

2018 ◽  
Vol 63 (4) ◽  
pp. 455-493 ◽  
Author(s):  
Mark Glick
Keyword(s):  
Law And Economics ◽  
Consumer Surplus ◽  
Consumer Welfare ◽  
Business Strategies ◽  
Individual Level ◽  
Compensation Principle ◽  
Original Argument ◽  
The Individual ◽  
The Impact ◽  
Total Welfare

This is the first installment of a two-part commentary on the New Brandeis School (the “New Brandeisians”) in Antitrust. In this first part, I examine why the New Brandeisians are correct to reject the consumer welfare standard. Instead of arguing, as the New Brandeisians do, that the consumer welfare standard leads to unacceptable outcomes, I argue that the consumer or total welfare standard was theoretically flawed and unrigorous from the start. My basic argument is that antitrust law addresses the impact of business strategies in markets where there are winners and losers. For example, in the classical exclusionary monopolist case, the monopolist’s conduct is enjoined to increase competition in the affected market or markets. As a result of the intervention, consumers benefit, but the monopolist is worse off. One hundred years of analysis by the welfare economists themselves shows that in such situations “welfare” or “consumer welfare” cannot be used as a reliable guide to assess the results of antitrust policy. Pareto Optimality does not apply in these situations because there are losers. Absent an ability to divine “cardinal utility” from observations of market behavior, other approaches such as consumer surplus, and compensating and equivalent variation cannot be coherently extended from the individual level to markets. The Kaldor-Hicks compensation principle that is in standard use in law and economics was created to address problems of interpersonal comparisons of utility and the existence of winners and losers. However, the Kaldor-Hicks compensation principle is also inconsistent. Additional problems with the concept of welfare raised by philosophers, psychologists, and experimental economists are also considered. In light of this literature, the New Brandeisians are correct to reject Judge Bork’s original argument for adoption of the consumer welfare standard, but for deeper reasons than they have expressed thus far.

scholarly journals Application of electronic cases in teaching a foreign language to students majoring in Law and Economics: methodological and pedagogical aspects

2021 ◽  
Vol 10 (2) ◽  
pp. 281-285
Author(s):  
Oksana Viktorovna Marunevich ◽  
Oksana Borisovna Simonova
Keyword(s):  
Foreign Language ◽  
Law And Economics ◽  
Digital Learning ◽  
Digital Learning Environment ◽  
Advantages And Disadvantages ◽  
Key Skills ◽  
The Usa ◽  
Definition Of ◽  
The University ◽  
The 19Th Century

The processes of globalization that have swept the whole world, including Russia, make the modern labor market extremely mobile. It poses a number of tasks for Russian higher school to train highly competent professionals who are fluent in foreign languages. Among many newest pedagogical technologies, the case-study method is viewed as promising and perspective. It appeared at the end of the 19th century in the USA, but became widespread in our country only at the turn of the 20-21 centuries. The analysis of the existing definitions of this concept allowed the authors to formulate their own definition of the term electronic case, which is interpreted as a real situation prepared and loaded by the teacher into the digital learning environment of the university for subsequent comprehensive analysis and finding alternatives to its solution based on group discussions. Along with this, the authors managed to develop methodological requirements for educational electronic cases implemented at foreign language lessons at a university, to determine the range of key skills and abilities formed by the case method, to identify the advantages and disadvantages of public and non-public presentation of the case solution.

scholarly journals Some Previously Relevant Aspects of Academic Life: Venia Legendi and the Status of a Private Docent in the World and in Riga Polytechnicum (1862–1896)

2021 ◽  
Vol 5 ◽  
pp. 9-30
Author(s):  
Māris Baltiņš
Keyword(s):  
World War Ii ◽  
21St Century ◽  
18Th Century ◽  
Academic Life ◽  
World War ◽  
The World ◽  
Archival Documents ◽  
The Status ◽  
Definition Of ◽  
The 19Th Century

The study examines the status of a private docent, the academic position which was introduced across the world in the 18th century and which also existed in Latvia from the second half of the 19th century until the end of World War II. The status of the private docent as it used to be understood in Latvia is compared with other countries, mainly considering German-type universities. Definition of the terms «venia legendi» and «private docent» providing examples of academic activity of the lecturers of Riga Polytechnicum (RP) allow considering these concepts from various perspectives in order to make their meaning and usage in the previous centuries transparent for the users in the 21st century. Conducting the present research, the author has used archival documents and library collections, the theoretical framework includes the findings of not only the Latvian scientists, but also researchers from Russia, Germany and other countries.

Kontrast und Wissen

2009 ◽  
Vol 54 (1) ◽  
pp. 69-102
Author(s):  
Robin Rehm
Keyword(s):  
19Th Century ◽  
Edmund Husserl ◽  
Specific Knowledge ◽  
Max Scheler ◽  
Black And White ◽  
Black Circle ◽  
Black Cross ◽  
Definition Of ◽  
And Function ◽  
The 19Th Century

Kasimir Malewitschs suprematistische Hauptwerke ›Schwarzes Quadrat‹, ›Schwarzer Kreis‹ und ›Schwarzes Kreuz‹ von 1915 setzen sich aus schwarzen Formen auf weißem Grund zusammen. Der Typus des Schwarzweißbildes weist überraschende Parallelen zu den bildlichen Wahrnehmungsinstrumenten auf, die vom ausgehenden 18. bis Anfang des 20. Jahrhunderts in den Experimenten der Farbenlehre, physiologischen Optik und Psychologie verwendet worden sind. Die vorliegende Studie untersucht diese Parallelen in drei Schritten: Zunächst erfolgt eine allgemeine Charakterisierung des Schwarzweißbildes mit Hilfe des Kontrastbegriffs von Edmund Husserl. Des weiteren wird die Entstehung und Funktion des schwarzweißen Kontrastbildes in den Wissenschaften des 19. Jahrhunderts typologisch herausgearbeitet. Unter Berücksichtigung des Wissensbegriffs von Max Scheler wird abschließend die Spezifik des Wissens eruiert, das die Schwarzweißbilder sowohl in der Malerei Malewitschs als auch in den genannten Wissenschaften generieren. Malevich’s main Suprematist works, such as ›Black Square‹, ›Black Circle‹, and ›Black Cross‹ from 1915, consist of black shapes on white ground. Surprisingly this series of shapes strongly resembles scientific black-and-white images used for research on colour theory, physiological optics, and psychology throughout the 19th century. This paper examines the parallels between Malevich’s paintings and the scientific drawings in three steps: It first characterizes black-and-white images in general, using Edmund Husserl’s definition of the term ›contrast‹. Secondly, the paper investigates the development and function of black-and-white images as tools of perception in the sciences. It finally discusses the specific knowledge generated through Malevich’s art and through scientific black-and-white images, following Max Scheler’s phenomenological identification of knowledge.

Slave Women and Their Descendants among the Upper Classes in Tetouan, Morocco (1859–1956): Between Recognition and Conflict

2020 ◽  
pp. 036319902096739
Author(s):  
Josep Lluís Mateo Dieste
Keyword(s):  
Skin Color ◽  
Arab World ◽  
Family Members ◽  
Negative Stereotypes ◽  
The Social ◽  
Form Part ◽  
Slave Women ◽  
The Status ◽  
Definition Of ◽  
Determinant Factor

In the Arab world, the recognized children of elite men and slave women could adopt the status of their father, ignoring the slave origin of the mother, owing to a system of patrilineal transmission. This regime co-existed with negative stereotypes toward slaves and blackness, despite the very fact that—as this study of notable families in Tetouan between 1859 and 1956 demonstrates—skin color was not the determinant factor to form part of this group. Rather, it was based on the social definition of filiation, leading to legal disputes between family members to delineate the boundaries of kinship.

scholarly journals Rethinking Southern Europe: Society, Networks and Politics

2021 ◽  
pp. 1-10
Author(s):  
Alan Granadino ◽  
Eirini Karamouzi ◽  
Rinna Kullaa
Keyword(s):  
Cold War ◽  
Southern Europe ◽  
Eurozone Crisis ◽  
Development Education ◽  
Family Structures ◽  
Conceptual Clarity ◽  
Welfare Systems ◽  
The Status ◽  
Nineteenth And Twentieth Centuries ◽  
Definition Of

Writing and researching Southern Europe as a symbiotic area has always presented a challenging task. Historians and political scientists such as Stanley Payne, Edward Malefakis, Giulio Sapelli, and Roberto Aliboni have studied the concept of Southern Europe and its difficult paths to modernity. They have been joined by sociologists and anthropologists who have debated the existence of a Southern European paradigm in the nineteenth and twentieth centuries and the arduous transformation of the region's welfare systems, economic development, education and family structures. These scholarly attempts to understand the specificities of Southern Europe date back to the concerns of Western European Cold War strategists in the 1970s, many of whom were worried about the status quo of the region in the aftermath of the fall of the dictatorships. But this geographical and geopolitical definition of the area did not necessarily follow existing cultural, political and economic patterns. Once the Eurozone crisis hit in the 2000s these questions came back with renewed force but with even less conceptual clarity, as journalists and pundits frequently gestured towards vague notions of what they considered to be ‘Southern Europe’.

Grammatik der Narration

2020 ◽  
Vol 48 (3) ◽  
pp. 457-494
Author(s):  
Sonja Zeman
Keyword(s):  
Narrative Discourse ◽  
Linguistic Theory ◽  
Second Step ◽  
Narrative Fiction ◽  
The Status ◽  
Definition Of ◽  
Narrative Syntax

AbstractIs there a ‚narrative syntax‘, i. e. a special grammar restricted to narrative fiction? Starting from this question which has been investigated since early structuralism, the paper focusses on grammatical characteristics of narrative discourse mode and their implications for a linguistic theory of narration. Its goal is two-fold: In a first step, the traditional accounts by Benveniste, Hamburger, Kuroda and recent typological studies are brought together in order to support the claim that the distinction between narrative and non-narrative discourse mode is a fundamental one that has consequences for the use of grammar. In a second step, I discuss three central questions within the intersection between narrative micro- and macro-structures, namely (i) the definition of narrativity, (ii) the status of the narrator, and (iii) the relation between narration and fictionality. In sum, the article argues that investigations on the ‘grammar of narration’ do not just offer insights into a specific text configuration next to others, but are deeply linked to fundamental theoretical questions concerning the architecture of language – and that the comparison between linguistic and narratological categories offers a potential for addressing them.

The Humdrum Use of Ultimate Authority: Defining and Analysing Chapter VII Resolutions

2009 ◽  
Vol 78 (3) ◽  
pp. 309-342 ◽  
Author(s):  
Patrik Johansson
Keyword(s):  
Cold War ◽  
United Nations ◽  
Security Council ◽  
Security Council Resolution ◽  
Post Cold War ◽  
Standard Definition ◽  
The Status ◽  
Definition Of ◽  
The Cold War ◽  
Business As Usual

AbstractUnder Chapter VII of the Charter of the United Nations, the Security Council has the unique authority to make decisions that are binding on member states. However, the lack of a standard definition of what makes a Security Council resolution "a Chapter VII resolution" has caused disagreement regarding the status of several resolutions. This is unfortunate as the international community should never have to doubt whether a Security Council resolution is in fact adopted under Chapter VII or not. It is also unnecessary. This article addresses this problem by proposing a definition of Chapter VII resolutions, based on two criteria referred to as "Article 39 determinations" and "Chapter VII decisions". On the basis of the proposed definition, the article describes and analyses a dramatic increase in the use of Chapter VII during the post-Cold War era. It concludes that as Chapter VII has come to constitute the majority of Security Council resolutions in recent years, the resort to Chapter VII no longer signifies exceptional determination and resolve, which it did during the Cold War; instead Chapter VII today implies business as usual. An appendix lists all Chapter VII resolutions from 1946–2008.

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